58th Congress, 1 SENATE. /Document 

3d Session. J I No. 196. 



EXECUTIVE REGISTER 



OF THE 



UNITED STATES 



1789-1902 



A list of the Presidents and their Cabinets, to which have been added 

the laws governing their election, appointment, qualification, 

and term of office, the electoral and popular vote at each 

election, and, as an appendix, literal copies of the 

Declaration of Independence, the Articles 

of Confederation, and the Constitution 



COMPILED BY 

ROBERT BRENT MOSHER 

WASHINGTON, D. C. 



L 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1905 



58th Congress, 1 ■ SENATE. / Document 

Jd Session. J I No. 196. 



/'EXECUTIVE REGISTER 



UNITED STATES 



1789-1903 



A list of the Presidents and their Cabinets, to which have been added 

the laws governing their election, appointment, qualification, 

and term of office, the electoral and popular vote at each 

election, and, as an appendix, literal copies of the 

Declaration of Independence, the Articles 

of Confederation, and the Constitution 



COMPILED BY 

ROBERT BRENT MOSHER 

WASHINGTON, D. C. 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1905 



vr^ 



February 24, 1905. 

Resolved by the Senate {the House of Representatives concurring). That 
there be printed from existing stereotype plates and bound in cloth 
1,500 copies of the "Executive Register of the United States, 1789 to 
1902," of which 500 copies shall be for the use of the Senate and 1,000 
copies for the use of the House of Representatives. 



19 AUG 1905 
D. of D. 



PREFACE 

A compllete list of the heads of the executive departments 
from the beginning of the government, in 1789, to the pre- 
sent time does not exist even in the departments themselves, 
and it was the primary object of this publication to supply 
the need; but as the work progressed it seemed that its 
value as a book of reference would be materially enhanced 
if there should be added the constitutional provisions and 
the acts of Congress governing the election, qualification, 
and term of the President, and the appointment, qualifica- 
tion, and term of the heads of departments. There have 
also been included the electoral and popular vote at each 
election, the first acts providing for the several departments, 
and, as an appendix, literal copies of the Declaration of 
Independence, the Articles of Confederation, and the Con- 
stitution, from the originals in the archives of the Depart- 
ment of State. 

The dates of entry upon duty and termination of service 
of the members of the cabinet, which represent the actual 
beginning and close of their services in the departments, 
have been taken from the department records, contempor- 
ary newspapers, memoirs, biographies, and the correspond- 
ence of the forefathers. 

The term cabinet, which has no place in the Constitution 
or laws, has been popularly applied to the executive officers 
who are regularly consulted by the President. The Attor- 
ney General was included in this category from the begin- 
ning, although the Department of Justice was not estab- 
lished until 1870. The Postmaster General was not a mem- 



iv Peeface 

ber until 1829, and the Post Office Department was not 
established as an executive department until 1872; but as the 
office has always been a high one, not under the direction 
and control of any of the departments, it is included in 
this list. 

The order in which the departments appear follows the 
act of Congress providing for the Presidential succession in 
case of vacancy in the Presidency and Yice-Presidency; and, 
following the logic of Chief Justice Marshall's opinion of 
February 20, 1821, the commencement of the service of the 
Presidents is set down as of the date upon which the oath 
was administered. 

The popular vote for Presidential electors begins with the 
election of 1824, for the reason that until that year most 
of the State Legislatures " appointed " their electors, and 
there was no direct vote for them. 

EOBEET BkENT MoSHEK. 
Washington, D. C, January, 1903. 



CONTENTS 



PAGE 

Article II of the Constitution. The Executive 1 

Article VI of the Constitution. Oath of office 4 

Dates of Adoption and Ratification of the Constitution. 4 
Journal of Congress, September 13, 1788. When the Con- 
stitution to go into effect 5 

Washington's First Administration, 1789 to 1793 7 

Electoral vote 8 

His cabinet 9 

Senate Journal, April 25 to 28, 1789. Oath of the Presi- 
dent 10 

Senate Journal, April 30, 1789. Inauguration of the Presi- 
dent '. 11 

Senate Journal, May 14, 1789. Title of the President 17 

Act of June 1, 1789. Time and manner of administering 
oaths IS 

Act of July 27, 1789. Establishment of Department of 

Foreign Affairs 19 

Act of August 7, 1789. Establishment of Department of 
War 20 

Act of September 2, 1789. Establishment of Department 
of Treasury 21 

Act of September 15, 1789. Establishment of Department 

of State 24 

Act of September 22. 1789. Temporary establishment of 

Post Office 26 

Act of September 24, 1789. Provision for Attorney Gen- 
eral 27 

Senate Journal, May 14, 1790. Term of President — when 
it began 27 

Act of August 4, 1790. Continuing temporary establish- 
ment of Post Office 29 

Act of March 3, 1791. Continuing temporary establish- 
ment of Post Office 29 

Act of February 20, 1792. Establishment of Post Office 
and Post Roads 30 

Act of March 1, 1792. Provision for election of President 
and Vice-President, and for the temporary filling of 
vacancies . . . ^ 42 



^^ Contents 

PAGE 

Act of May 8, 1792. Vacancies in lieads of State, Treasury 
and War Departments, in cases of death, absence, or 
sickness. How to be filled temporarily 45 



Washington's Second Administration, 



1793 to 1797 47 



48 
Electoral vote ■ • ■ • 

Opinion of Cabinet as to manner of taking oath by the 

4S 
President 

His cabinet 

Act of February 13, 1795. Vacancies in heads of State, 
Treasury, and War Departments. How to be filled 

temporarily "^^ 

Adams' Administration, 1797 to 1801 55 



Electoral vote 



56 



His cabinet ^ ' 

Act of April 30, 1798. Establishment of Navy Depart- 
ment 5^ 

Act of March 2, 1799. Post Office. Assistant to perform 
duties in case of death, resignation, or removal of 

Postmaster General • • • 60 

Jefferson's First Administration, 1801 to 1805 61 

Electoral vote 62 

Proceedings in the House of Representatives 62 

His cabinet 64 

Act of March 26, 1804. Supplementary provisions for 
election of President and Vice-President, and for the 

temporary filling of vacancies 66 

Article XH of Amendments to the Constitution, pro- 
claimed September 25, 1804. President and Vice- 
President to be voted for separately 68 

Jefferson's Second Administration, 1805 to 1809 71 

Electoral vote 72 

His cabinet 73 

Madison's First Administration, 1809 to 1813 75 

Electoral vote 76 

His cabinet 77 

Act of April 30, 1810. Post Office. Senior assistant to 
perform duties of Postmaster General in ease of death, 

resignation or removal 78 

Madison's Second Administration, 1813 to 1817 81 

Electoral vote 82 

His cabinet 83 

Monroe's First Administration, 1817 to 1821 87 

Electoral vote 88 

His cabinet 89 



Contents vii 

PAGE 

Monroe's Second Adi^inistration, 1821 to 1825 91 

Statement of the electoral vote 92 

Counting the electoral vote 93 

Letter of Chief Justice Marshall, February 20, 1821, giving 
his opinion as to President's oath when March 4 

falls upon a Sunday. 93 

His cabinet 95 

Act of March 3, 1825. Post Office. Consolidation of pre- 
vious acts . . . > 96 

John Quincy Adams' Administration, 1825 to 1829 99 

Electoral and popular vote 100 

Proceedings in House of Representatives. Election by 

States 101 

His cabinet 102 

Jackson's First Administration, 1829 to 1833 105 

Electoral and popular vote lOG 

His cabinet 107 

Resignation of Vice-President Calhoun 109 

Jackson's Second Administration, 1833 to 1837 Ill 

Electoral and popular vote 112 

His cabinet 113 

Act of July 2, 1836. Post Office. First Assistant Post- 
master General to perform all the duties in case of 
death, resignation, or absence of Postmaster General. 115 

Van Buren's Administration, 1837 to 1841 117 

Electoral and popular vote 118 

His cabinet 119 

William H. Harrison's Administration, 1841 121 

Electoral and popular vote 122 

His cabinet 123 

His death 124 

Tyler's Administration, 1841 to 1845 127 

His oath of office. The circumstances 128 

His cabinet 130 

Act of January 23, 1845. Establishing a uniform time for 
electors to vote for President and Vice-President 133 

Polk's Administration, 1845 to 1849 135 

Electoral and popular vote 136 

His cabinet ■ . 137 

Act of March 3, 1849. Establishment of Home Depart- 
ment, to be called the Department of the Interior 139 

Taylor's Administration, 1849 to 1850 143 

Electoral and popular vote 144 

His cabinet 145 



yiii Contents 

PAGE 

Fillmore's Administration, 1850 to 1853 147 

His oath of office. The circumstances 148 

His cabinet 1^^* 

Pierce's Administration, 1853 to 1857 153 

Electoral and popular vote 154 

His cabinet 1^^ 

Buchanan's Administration, 1857 to 1861 157 

Electoral and popular vote 158 



His cabinet 



159 



Lincoln's First Administration, 1861 to 1865 163 

Electoral and popular vote 164 

His cabinet 1^^ 

Act of February 20, 1863. Vacancy in head of any execu- 
tive department by death, resignation, absence or 

sickness. How filled temporarily 167 

Lincoln's Second Administration, 1865. 169 

Electoral and popular vote 170 

His cabinet I'^^l 

Johnson's Administration, 1865 to 1869 173 

His oath of office. The circumstances 174 

His cabinet 177 

Act of March 2, 1867. Tenure of civil offices 179 

Act of July 23, 1868. Vacancies in heads of departments 
caused by death, resignation, absence or sickness. 
How to be filled. Repeals all previous laws for tem- 
porarily filling vacancies 183 

Article XIV of Amendments to the Constitution. Rights 
of citizens. Proclaimed by Secretary of State July 28, 

1868 184 

Grant's First Administration, 1869 to 1873 187 

Electoral and popular vote 188 

His cabinet 189 

Act of April 5, 1869. Tenure of office act amended 191 

Article XV of Amendments to the Constitution. The 
right of citizens to vote not to be denied or abridged. 

Proclaimed March 30, 1870 193 

Act of June 22, 1870. Establishment of Department of 

Justice , . . . 193 

Act of May 23, 1872. Uniform time for holding elections 

for electors of President and Vice-President 199 

Act of June 8, 1872. Establishment of Post Office Depart- 
ment .199 

Grant's Second Administration, 1873 to 1877 : 201 

Electoral and popular vote 202 

His cabinet , 203 



Contents ix 

PAGE 

Act of March 4, 1874. Chief Clerk, War Department, to 

sign requisitions, etc 206 

Act of March 5, 1874. Oath of Postmaster General 206 

Hayes' Administkation, 1877 to 1881 209 

Electoral and popular vote 210 

The Electoral Commission 211 

Act of January 29, 1877. Counting of votes for President 
and Vice-President for term commencing March 4, 

1877. Electoral Commission 212 

Message of President, January 29, 1877, sent to the Senate 

with the electoral commission act approved same day. 218 

His cabinet 221 

Revised Statutes of the United States, 2d edition, 1878 223 

Sees. 131 to 151. Presidential elections 223 

Sec. 152. Term for which President elected. When 

it shall commence 227 

Sees. 177 to 182. Vacancies in heads of departments 

How to be filled temporarily ; 227 

Sec. 199. Establishment of Department of State 228 

Sec. 214. Establishment of Department of War 228 

Sec. 233. Establishment of Department of the Treas- 
ury 228 

Sees. 346 and 347. Establishment of Department of 

Justice 228 

Sec. 388. Establishment of Post Office Department.. 228 

Sec. 391. Oath of office of Postmaster General 228 

Sec. 415. Establishment of Department of the Navy. . 229 
Sec. 437. Establishment of Department of the In- 
terior 229 

Sees. 1756 to 1759. Oath of office 229 

Sees. 1767 to 1772. Tenure of office act 230 

Sec. 5520. Conspiracy to prevent support of any can- 
didate, etc 232 

Garfield's Administration, 1881 233 

Electoral and popular vote 234 

His cabinet 235 

His death 236 

Arthur's Administration, 1881 to 1885 239 

His oath of office. The circumstances 240 

His cabinet 243 

Act of August 5, 1882. Vacancy in head of War Depart- 
ment. President may authorize and direct command- 
ing general or chief of a military bureau to act tem- 
porarily 245 

Act of May 13, 1884. Official oath, form of 246 



X Contents 

PAGE 

Clea^eland's Fibst Administration, 1885 to 1889 247 

Electoral and popular vote 248 

His cabinet 249 

Act of January 19, 1886. Vacancy in Presidency caused 
by removal, death, resignation, or inability both of 
the President and Vice-President. Who to act tem- 
porarily 251 

Act of February 3, 1887. Presidential electors, when to 

meet. Provision for counting the votes 252 

Act of March 3, 1887. Tenure of office act repealed 257 

Act of October 19, 1888. Supplementary to electoral act of 

February 3, 1887 258 

Act of February 9, 1889. Establishment of Department of 

Agriculture as an executive department 258 

Benjamin Harrison's Administration, 1889 to 1893 261 

Electoral and popular vote 262 

His cabinet 263 

Act of February 6, 1891. Vacancies in heads of depart- 
ments. How filled temporarily 265 

Cleveland's Second Administration, 1893 to 1897 267 

Electoral and popular vote 268 

His cabinet 269 

Act of February 8, 1894. Repeal of Sec. 5520, R. S. Elec- 
tion laws 271 

McKinley's First Administration, 1897 to 1901 273 

Electoral and popular vote 274 

His cabinet 275 

McKinley's Second Administration, 1901 279 

Electoral and popular vote 280 

His cabinet 281 

Roosevelt's Administration, 1901 to 283 

His oath of office. The circumstances 284 

His cabinet 287 

Appendix: 

Declaration of Independence 290 

Articles of Confederation 295 

Constitution of the United States 306 

Index 333 



EXECUTIVE REGISTER OF THE UNITED STATES 
1789-1902 



THE CONSTITUTION OF THE UNITED STATES. 

Article II. 

Section 1. (1) The executive Power shall he vested in a 
President of the United States of America. He shall hold 
his Office during the Term of four Years, and, together with 
the Vice President, chosen for the same Term, he elected 
as follows: 

(2) Each State shall appoint, in such Manner as the Legis- 
lature thereof may direct, a Numher of Electors, equal to 
the whole Number of Senators and Eepresentatives to which 
the State may he entitled in the Congress: hut no Senator 
or Eepresentative, or Person holding an Office of Trust or 
Profit under the United States, shall be appointed an Elector. 

[* The Electors shall meet in their respective States and 
vote by Ballot for two Persons, of whom one at least shall 
not be an Inhabitant of the same State with themselves. 
And they shall make a List of all the Persons voted for, 
and of the Number of Votes for Each; which List they shall 
sign and certify, and transmit sealed to the Seat of the 
Government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in the 
Presence of the Senate and House of Eepresentatives, open 
all the Certificates, and the Votes shall then be counted. 
The Person having the greatest Number of Votes shall be 
the President, if such Number be a Majority of the whole 
Number of Electors appointed; and if there be more than 

* This clause has been superseded by the 12th amendment. 



2 Executive Register of the United States 

one who have such Majority, and have an equal Numher of 
Votes, then the House of Representatives shall immediately 
chuse'hy Ballot one of them for President; and if no Person 
have a Majority, then from the five highest on the List the 
said House shall in like Manner chuse- the President. But 
in chusing the President, the Azotes shall be taken by States, 
the Representation from each State having one Vote; A 
quorum for this Purpose shall consist of a Member or Mem- 
bers from two-thirds of the States, and a Majority of all the 
States shall be necessary to a Choice. In every Case, after 
the Choice of the President, the Person having the greatest 
Number of Votes of the Electors shall be the Vice President. 
But if there should remain two or more who have equal 
Votes, the Senate shall chuse from them by Ballot the Vice 
President.] 

(3) The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes; 
which Day shall be the same throughout the United States. 

(4) No Person except a natural born Citizen, or a Citizen 
of the United States, at the time of the Adoption of this ■ 
Constitution, shall be eligible to the Office of President; 
neither shall any Person be eligible to that Office who shall 
not have attained to the Age of thirty-five Years, and been 
fourteen Years a Resident within the United States. 

(5) In Case of the Removal of the President from Office, 
or of his Death, Resignation, or Inability to discharge the 
Powers and Duties of the said Office, the Same shall devolve 
on the Vice President, and the Congress may by Law provide 
for the Case of Removal, Death, Resignation or Inability, 
both of the President and Vice President, declaring what 
Officer shall then act as President, and such Officer shall 
act accordingly, until the Disability be removed, or a Presi- 
dent shall be elected. 

(6) The President shall, at stated Times, receive for his 
Services, a Compensation, which shall neither be encreased 
n'Or diminished during the Period for which he shall have 
been elected, and he shall not receive within that Period 
any other Emolument from the United States, or any of 
them. 



The Constitution of the United States 3 

(7) Before he enter on the Execution of his Office, he 
shall take the following Oath or Affirmation: — 

" I do solemnly swear (or affirm) that I will faithfully 
execute the Office of President of the United States, and 
will. to the best of my Ability, preserve, protect and defend 
the Constitution of the United States." 

Section 2. (1) The President shall be Commander in 
Chief of the Army and Navy of the United States, and of the 
Militia of the several States, when called into the actual 
Service of the United States; he may require the Opinion, 
in writing, of the principal Officer in each of the executive 
Departments, upon any Subject relating to the Duties of 
their respective Offices, and he shall have Power to grant 
Eeprieves and Pardons for Offences against the United 
States, except in Cases of Impeachment. 

(2) He shall have Power, by and with the Advice and 
Consent of the Senate, to make Treaties, provided two- 
thirds of the Senators present concur; and he shall nomi- 
nate, and by and with the Advice and Consent of the Senate, 
shall appoint Ambassadors, other public Ministers and Con- 
suls, Judges of the supreme Court, and all other Officers 
of the United States, whose Appointments are not herein 
otherwise provided for, and which shall be established by 
Law: but the Congress may by Law vest the Appointment 
of such inferior Officers, as they think proper, in the Presi- 
dent alone, in the Courts of Law, or in the Heads of Depart- 
ments,. 

(3) The President shall have Power to fill up all Vacan- 
cies that may happen during the Eecess of the Senate, by 
granting Commissions which shall expire at the End of 
their next Session. 

Section 3. He shall from time to time give to the Con- 
gress Information of the State of the Union, and recommend 
to their Consideration such Measures as he shall judge neces- 
sary and expedient; he may, on extraordinary Occasions, 
convene both Houses, or either of them, and in Case of Dis- 
agreement between them, with Respect to the Time of 
Adjournment, he may adjourn them to such Time as he 



4 Executive Eegistee of the UisriTED States 

shall think proper; he shall receive Ambassadors and other 
public Ministers; he shall take Care that the Laws be faith- 
fully executed, and shall Commission all the Officers of the 
United States. 

Section 4. The President, Vice President and all civil 
Officers of the United States, shall be removed from Office on 
Impeachment for, and Conviction of. Treason, Bribery, or 
other high Crimes and Misdemeanors. 



Article VI. 
******* 

The Senators and Kepresentatives before mentioned, and 
the members of the several State legislatures, and all execu- 
tive and judicial officers, both of the United States and of 
the several States, shall be bound, by oath or affirmation, to 
support this Constitution; but no religious test shall ever 
be required as a qualification to any office or public trust 
under the United States. 

The Constitution was adopted by the Convention on the 
17th of September, 1787, in pursuance of the resolution 
of the CongTess of the Confederation of the 31st of Feb- 
ruary, 1787, and was ratified by the Conventions of the 
several States, as follows, viz.: 

Delaware, on the 7th December, 1787. 

Pennsylvania, " 12th December, 1787. 

New Jersey, " 18th December, 1787. 

Georgia, " 2nd January, 1788. 

Connecticut, " 9th January, 1788. 

Massachusetts, " 6th February, 1788. 

Maryland, " 28th April, 1788. 

South Carolina, " 23d May, 1788. 

New Hampshire, " 21st June, 1788. 

Virginia, " 26th June, 1788. 

New York, " 26th July, 1788. 

North Carolina, " 21st November, 1789. 

Rhode Island, " 29th May, 1790. 



The Constitution of the United States 5 

JOURNALS OF CONGRESS. 

Saturday, September 13, 1788. — " Whereas the conven- 
tion assembled in Philadelphia, pursuant to the resolution 
of Congress of the 21st of February, 1787, did, on the 17th 
of September in the same year, report to the United States 
in Congress assembled, a constitution for the people of the 
United States; whereupon Congress, on the 28th of the 
same September, did resolve unanimously, ' That the said 
report, with the resolutions and " letter accompanying the 
same, be transmitted to the several legislatures, in order 
to be submitted to a convention of delegates, chosen in 
each state by the people thereof, in conformity of the 
resolves of the convention made and provided in that case: ' 
And whereas the constitution so reported by the convention, 
and by Congress transmitted to the several legislatures, has 
been ratified in the manner therein declared to be sufficient 
for the establishment of the same, and such ratifications, 
duly authenticated, have been received by Congress, and are 
filed in the office of the secretary; therefore, 

Resolved, That the first Wednesday in January next, be 
the day for appointing electors in the several states, which, 
before the said day, shall have ratified the said constitution; 
that the first Wednesday in February next, be the day for 
the electors to assemble in their respective states, and vote 
for a president; and that the first Wednesday in March 
next, be the time, and the present seat of Congress the place 
for commencing proceedings under the said constitution." 
(Journals of Congress, Vol. XIII,, p. 105). 



THE ADMINISTEATION 



GEORGE WASHINGTON 



FIRST TERM 



April 30, 1789, to March 3, 1793 



S. Doc. 196, 58-3—05 2 



Executive Register of the United States 



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The Administkation op George Washington 9 



Geoege Washington, Virginia. 

John Adams, Massachusetts. 
Apiil 30, 1789, to March 3, 1793. 

Seceetart of State. 

John Jay, of New York, Secretary for Foreign Affairs 
under the Confederation, continued at the head of the 
State Department, at the request of Washington, until 
Jefferson arrived in New York on March 21, 1790. 

Thomas Jeffeeson, of Virginia, nominated September 25, 
1789; confirmed and commissioned September 26, 1789; 
entered upon duties March 22, 1790, and served 
through remainder of tlie administration. 

Seceetary of the Teeasuey. 

Alexandee Hamilton, of New York, nominated, confirmed, 
and commissioned September 11, 1789; entered upon 
duties same day; sei*ved througli remainder of the 
administration. 

Seceetaey of Wae. 

Heney Knox, of Massachusetts, nominated September 11, 
1789; confirmed and commissioned September 12, 1789; 
entered upon duties same day; served through remain- 
der of the administration. 

Attoeney Geneeal. 

Edmund Eandolph, of A-^irginia, nominated September 25, 
1789; confirmed and commissioned September 26, 1789; 
entered upon duties February 2, 1790; served through 
remainder of the administration. 



10 Executive Eegistek of the United States 

POSTMASTEE GeNEKAL. 

Samuel Osgood, of Massachusetts, nominated September 
25, 1789; confirmed and commissioned September 26, 
1789; entered upon duties same day; resigned July 11, 
1791, and served to August 19, 1791. 

Timothy Pickeeing, of Pennsylvania, commissioned August 
12, 1791, during recess of the Senate; entered upon 
duties August 19, 1791; nominated October 31, 1791; 
confirmed and recommissioned November 7, 1791; 
served through the remainder of the administration. 

[Senate Journal, 1st Congress, 1st session.] 

Satueday, Apeil 25, 1789. 
****** * 

The Committee appointed to consider of the time, place 
and manner in which, and of the person by whom the oath 
prescribed by the Constitution shall be administered to the 
President of the United States, and to confer with a Com- 
mittee of the House appointed for that purpose, 

EEPOET, That the President hath been pleased to sig- 
nify to them that any time or place which both Houses may 
think proper to appoint, and any manner which shall appear 
most eligible to them, will be convenient and acceptable 
to him — That requisite preparations cannot probably be 
made before Thursday next — That the President be on that 
day FOKMALLY received by both Houses in the Senate 
Chamber — That the Eepresentative's Chamber being ca- 
pable of receiving the greater number of persons, that there- 
fore the President do take the oath in that place, and in 
the presence of both Houses. 

That after the formal reception of the President in the 
Senate Chamber, he be attended by both Houses to the 
Eepresentative's Chamber, and that the oath be adminis- 
tered by the Chancellor of the State of New-York. 



The Administration of George Washington 11 

Monday, April 27, 1789. 

The Committee appointed to take order for conducting 
the ceremonial of the formal reception, &c. of the President, 
EEPORTED, That it appears to them more eligible, that 
the oath should he administered to the President in the 
outer gallery adjoining the Senate Chamber, than in the 
Representative's Chamber, and therefore, submit to the 
respective Houses the propriety of authorizing their Com- 
mittee to take order as to the place where the oath shall be 
administered to the President, the resolution of Saturday, 
assigning the Eepresentative's Chamber as the place, not- 
withstanding- ■ 

READ AND ACCEPTED. 

RESOLVED, That after the oath shall have been admin- 
istered to the President, he, attended by the Vice President 
and the members of the Senate and House of Representa- 
tives, proceed to St. Paul's Chapel, to hear Divine Service, 
to be performed by the Chaplain of Congress already ap- 
pointed. 

Tuesday, April 28, 1789. 

A LETTER was received from the Speaker of the House 
by the President of the Senate, containing the two following 
enclosures: ' 

The REPORT of a Joint Committee upon the ceremonial 
to be observed in administering the oath, &c. to the Presi- 
dent, as accepted in the House of Representatives; and 

The above mentioned report was read, and ordered to lie 
on the table. 

Thursday, April 30, 1789. 

The REPORT of the Committee on the mode of com- 
munication between the Senate and House of Representa- 
tives, was taken up, and after debate postponed. 

Mr, Lee, in behalf of the Committee appointed to take 



12 Executive Eegister of the United States 

order for conducting the ceremonial of the formal reception, 
&c. of the President of the United States, having informed 
the Senate, that the same was adjusted; the House of Rep- 
resentatives were notified, that the Senate were ready to 
receive them in the Senate Chamher, to attend the Presi- 
dent of the United States while taking the oath required 
by the Constitution. — Whereupon, the House of Represen- 
tatives, preceded hy their Speaker, came into the Senate 
Chamber, and took the seats assigned them; and the joint 
Committee, preceded hy their Chairman, agreeably to order, 
introduced the PRESIDENT of the UNITED STATES to 
the Senate Chamber, where he was received by the VICE 
PRESIDENT, who conducted him to the CHAIR; Avhen 
the VICE PRESIDENT informed him, that ''The SEN- 
ATE and HOUSE of REPRESENTATIVES of the 
UNITED STATES were ready to attend him to take the 
oath required by the Constitution, and that it would be 
administered by the Chancellor of the State of New-York." 
—To which the PRESIDENT replied, HE WAS READY 
TO PROCEED:— and being attended to the gallery in front 
of the Senate Chamber, by the Vice President and Senators, 
the Speaker and Representatives, and the other public 
characters present, the oath was administered. — After which 
the Chancellor proclaimed, "LONG LIVE GEORGE 
WASHINGTON, PRESIDENT OF THE UNITED 
STATES" 

The PRESIDENT having returned to his seat, after a 
short pause, arose and addressed the Senate and House of 
Representatives as follows: — 

FELLOW-CITIZENS of the SENATE and 
of the HOUSE of REPRESENTATIVES: 

AMONG the vicissitudes incident to life, no event could 
have filled me with greater anxieties than that of which the 
notification was transmitted by your order, and received on 
the 14th day of the present month.— On the one hand, I 
was summoned by my country, whose voice I can never hear 
but with veneration and love, from a retreat which I had 



The Administration of Geoege Washington 13 

chosen with the fondest predilection, and, in my flatterino- 
hopes, with an immutable decision, as the asylnm of my 
declining years: A retreat which was rendered every day 
more necessary as well as more dear to me, by the addition 
of habit to inclination, and of frequent interruptions in my 
health to the gradual waste committed on it by time. — On 
the other hand, the magnitude and difficulty of the trust to 
which the voice of my country called me, being sufficient to 
awaken in the wisest and most experienced of her citizens, 
a distrustful scrutiny into his qualifications, could not but 
overwhelm with despondence, one, who, inheriting inferior 
endowments from nature and unpracticed in the duties of 
civil administration, ought to be peculiarly conscious of 
his own deficiencies. — In this conflict of emotions, all I dare 
aver, is, that it has been my faithful study to collect my 
duty from a just appreciation of every circumstance, by 
which it might be affected. — All I dare hope, is, that, if in 
executing this talk,' I have been too much swayed by a 
grateful remembrance of former instances, or b}'^ an aifec- 
tionate sensibility to this transcendant proof, of the confi- 
dence of my fellow-citizens; and have thence too little con- 
sulted my incapacity as well as disinclination for the weighty 
and untried cares before me; my EEEOR will be palliated 
by the motives which misled me, and its consequences be 
Judged by my country, with some share of the partiality in 
which they originated. 

Such being the impressions under which I have, in obedi- 
ence to the public summons, repaired to the present station; 
it would be peculiarly improper to omit in this first official 
act, my fervent supplications to that Almighty being who 
rules over the universe, — who presides in the Councils of 
nations, — -and whose providential aids can supply every 
human defect, that his benediction may consecrate to the 
liberties and happiness of the people of the United States, 
a government instituted by themselves for these essential 
purposes: and may enable every instrument employed in its 
administration, to execute Avith success, the functions allot- 
ted to his charge. — In tendering this homage to the Great 



14 Executive Register of the United States 

Author of every public and private good, I assure myself 
that it expresses your sentiments not less than my own: — nor 
those of my fellow-citizens at large, less than either. — No 
people can he hound to acknowledge and adore the invisible 
hand, which conducts the affairs of men, more than the 
people of the United States.— Every step, by which they 
have advanced to the character of an independent nation 
seems to have been distinguished by some token of providen- 
tial agency — and in the important revolution Just accom- 
plished in the system of their united government, the tran- 
quil deliberations and voluntary consent of so many distinct 
communities, from which the event has resulted, cannot be- 
compared with the means by which most governments have 
been established, without some return of pious gratitude 
along with an humble anticipation of the future blessings 
which the past seem to presage. — These reflections, arising 
out of the present crisis, have forced themselves too strongly 
on my mind to be suppressed. — You will join with me I 
trust in thinking, that there are none under the influence 
of which, the proceedings of a new and free government 
can more auspiciously commence. 

By the article establishing the executive department, it is 
made the duty of the President " To recommend to your 
consideration, such measures as he shall judge necessary and 
expedient." — The circumstances under which I now meet 
you, will acquit me from entering into that subject, farther 
than to refer to the great constitutional Charter under 
which you are assembled; and which, in defining your 
powers, designates the objects to which your attention is to 
be given. — It will be more consistent with those circum- 
stances, and far more congenial with the feelings which 
actuate me, to substitute, in place of a recommendation of 
particular measures, the tribute that is due to the talents, 
the rectitude, and the patriotism which adorn the characters 
selected to devise and adopt them. — In these honorable 
qualifications, I behold the surest pledges, that as on one 
side, no local prejudices, or attachments; no separate views, 
nor party animosities, will misdirect the comprehensive and 



The Administration of Geoege Washington 15 

equal eye which ought to watch over this great assemblage 
of communities and interests: so, on another, that the 
foundations of our national policy will be laid in the pure 
and immutable principles of private morality; and the pre- 
eminence of free government, be exemplified, by all the attri- 
butes which can win the aifections of its citizens, and com- 
mand the respect of the world. — I dwell on this prospect 
with every satisfaction which an ardent love for my country 
can inspire: since there is no truth more thoroughly estab- 
lished, than that there exists in the oeconomy and course of 
nature, an indissoluble union between virtue and happi- 
ness, — between dut}^ and advantage, — between the genuine 
maxims of an honest and magnanimous policy, and the solid 
rewards of public prosperity and felicity: — since we ought 
to be no less persuaded that the propitious smiles of Heaven, 
can never be expected on a nation that disregards the 
eternal rules of order and right, which Heaven itself haa 
ordained: — and since the preservation of the sacred fire of 
liberty and the destiny of the republican model of govern- 
ment, are justly considered as DEEPLY, perhaps as 
FINALLY staked, on the experiment entrusted to the hands 
of the American people. 

Besides the ordinary objects submitted to your care, it 
will remain with your judgment to decide, how far an 
exercise of the occasional power delegated by the fifth 
article of the constitution is rendered expedient at the pres- 
ent juncture by the nature of objections which have been 
urged against the system, or by the degree of inquietude 
which has given birth to them. — Instead of undertaking 
particular recommendations on this subject, in which I could 
be guided by no lights derived from official opportunities, 
I shall again give way to my entire confidence in your dis- 
cernment and pursuit of the public good: — for I assure 
myself that whilst you carefully avoid every alteration which 
might endanger the benefits of an united and effective gov- 
ernment, or which ought to await the future lessons of 
experience; a reverence for the characteristic rights of free- 
men, and a regard for the public harmony, will sufficiently 



16 Executive Eegtstek of' the United States 

influence your deliberations on the question how far the 
former can be more impregnably fortilied, or the latter be 
safely and advantageously promoted. 

To the preceding observations I have one to add, which 
will be most properly addressed to the House of Represen- 
tatives. — It concerns myself, and will therefore be as brief 
as possible. — When I was first honored with a call into the 
service of my country, then oil the eve of an arduous strug- 
gle for its liberties, the light in which I contemplated my 
duty required that I should renounce every pecuniary com- 
pensation. — From this resolution I have in no instance 
departed. — And being still under the impressions which 
produced it, I must decline, as inapplicable to myself, any 
share in the^ personal emoluments, which may be indis- 
pensably included in a permanent provision for the executive 
department; and must accordingly pray that the pecuniary 
estimates for the station in which I am placed, may, during 
my continuance in it, be limited to such actual expenditures 
as the public good may be thought to require. 

Having thus imparted to you my sentiments, as they 
have been awakened by the occasion which brings us to- 
gether, — I shall take my present leave; but not without 
resorting once more to the benign Parent of the human race, 
in humble supplication that since he has been pleased to 
favor the American people, with opportunities for deliberat- 
ing in perfect tranquillity, and dispositions for deciding with 
unparalleled unanimity on a form of government, for the 
security of their union, and the advancement of their hap- 
piness; so his divine blessing may be equally' CONSPICU- 
OUS in the enlarged views, — the temperate consultations, — 
and the wise measures on which the success of this govern- 
ment must depend. 

Gr. Washhstgton". 

April 30. 

The PRESIDENT, the Vice President, the Senate and 
House of Ptepresentatives, &c. then proceeded to St. Paul's 
Chapel, where divine service was performed by the Chap- 



The Administkation of Geoege Washington 11 

lain of Congress, after which the PRESIDENT was recon- 
ducted to his house, hy the Committee appointed for that 
purpose. 

The Vice President and Senate returned to the Senate 
Chamber, and. 

Upon motion, UNANIMOUSLY AGREED, that a com- 
mittee of three should be appointed to prepare an answer 
to the President's Speech — 

Mr. Johnson, 

Mr. Paterson, and 

Mr. Carroll, were elected. 

Adjourned to 11 o'clock to-morrow morning. 

TITLE TO BE ANNEXED TO THE PRESIDENT. 
[Senate Journal, 1st Congress, 1st Session, May 14, 1789.] 

* :J: Hs * * * * 

The Committee appointed on the 9th inst. to determine 
" Under what TITLE it will be proper for the Senate to 
address the PRESIDENT "—and to .confer with a Com- 
mittee of the House of Representatives " Upon the disagree- 
ing votes of the Senate and House," informed the Senate, 
that they had conferred with a Committee of the House of 
Representatives, but could not agree upon a report. 

The Committee appointed the 9th inst. " To consider 
and report under what TITLE it will be proper for the 
Senate to address the PRESIDENT OF THE UNITED 
STATES OP AMERICA," REPORTED— That in the 
opinion of the Committee it will be proper thus to address 
the PRESIDENT— HIS HIGHNESS THE PRESIDENT 
OF THE UNITED STATES OF AMERICA, AND 
PROTECTOR OF THEIR LIBERTIES.— 

Which report was postponed — 

Arid the following resolve was agreed to; to wit: — 

From a decent respect for the opinion and practice of 
civilized nations, whether under monarchical or republican 
forms of government, whose custom is to annex TITLES of 



18 Executive Eegister of the United States 

respectability to the OFFICE of their CHIEF MAGIS- 
TEATE; and that, on' intercourse with foreign nations, a due 
respect for the majesty of the people of the United States, 
may not be hazarded by an appearance of singularity; the 
Senate have been induced to be of opinion, that it would be 
proper to annex a EESPECTABLE TITLE ta the OFFICE 
of PEESIDENT of the UNITED STATES: But the Sen- 
ate, DESIEOUS of PEESEEVING HAEMONY with the 
House of Eepresentatives, where the practice lately observed 
in presenting an address to the PEESIDENT was without 
the addition of TITLES, think it proper for the present to 
act in conformity with the practice of that House: — 

Therefore EESOLVED, that the present address be—" To 
the PEESIDENT of the UNITED STATES "—without ad- 
dition of TITLE. 

A motion was made to strike out the preamble as far as the 
words " But the Senate "; which passed in the negative — 

And on motion for the main question — it passed in the 
afl&rmative. 

[United States Statutes at Large, Vol. 1, p. 23.] 

June 1 1789. Chapter 1. — An Act to regulate the Time and Manner of 
administering certain Oaths. 
Constitution of the Scc. 1. Be it enacted hy the Senate and (House of) Bepre- 
., ar ic e . gg^ff^ii^^gg qj f]^^ United States of America in Congress assem- 
hled, That the oath or affirmation required by the sixth arti- 
cle of the Constitution of the United States, shall be admin- 
Form of the oath istered in the form following, to wit: " I, A. B. do solemnly 
ma ion. ^^^^^^^, ^^, affirm (as the case may be) that I will support the 
Constitution of the United States." 

******* 

To all officers of Scc. 4. And he it further enacted, That all officers ap- 
appointed, or to pointed, or hereafter to be appointed under the authority 
bcfore'they^act! of the United States, shall, before they act in tJieir respective 
ofifices, take the same oath or affirmation, which shall be 
administered by the jierson or persons who shall be author- 
ized by law to administer to such officers their respective 



The Administration of George Washington 19 

oaths of office; and such officers shall incur the same penal- 
ties in case of failure, as shall be imposed by law in case of 
failure in taking their respective oaths of office. 

******* 
Approved, June 1, 1789. 

[United States Statutes at Large, Vol. 1, p. 28.] 

Chap. IV. — An Act for establishing an Executive Depart- juiy 27, 1739, 
ment, to he denominated the Department of Foreign Affairs. 

Section 1. Be it enacted hy the Senate and House of Bepre- Altered by act of 
sentatives of the United States of America in Congress assem- ch. u, sec. 1.' 
bled, That there shall be an Executive department, to be 
denominated the Department of Foreign Affairs, and that 
there shall be a principal officer therein, to be called the 
Secretary for the Department of Foreign Affairs, who shall secretary of Foreign 
perform and execute such duties as shall from time to time 
be enjoined on or intrusted to him by the President of the 
United States, agreeable to the Constitution, relative to cor- 
respondences, commissions or instructions to or with public 
ministers or consuls, from the United States, or to negotia- 
tions with public ministers from foreigTi states or princes, 
or to memorials or other applications from foreign public 
ministers or other foreigners, or to such other matters re- To conform to 

pp 1 . -, P1XT-1CI instructions of 

spectmg foreign affairs, as the President of the u nited States the President, 
shall assign to the said department; and furthermore, that 
the said principal officer shall conduct the business of the 
said department in such manner as the President of the 
United States shall from time to time order or instruct. 

Sec. 2. And be it further enacted, That there shall be in principal cierk, 
the said department, an inferior officer, to be appointed by '^ " ^' 
the said principal officer, and to be employed therein as he 
shall deem proper, and to be called the chief Clerk in the 
Department of Foreign Affairs, and who, whenever the said 
principal officer shall be removed from office by the President 
of the United States, or in any other case of vacancy, shall 
during such vacancy have the charge and custody of all 
records, books and papers appertaining to the said depart- 
ment. 



30 



Executive Eegister of the United States 



Oath of office. Sec. 3. And be it further enacted, That the said principal 
officer, and every other person to be appointed or employed 
in the said department, shall, before he enters on the execu- 
tion of his office or employment, take an oath or affirmation, 
well and faithfully to execute the trust committed to him. 
Secretary to take Scc. 4. And 1)6 it further euacted, That the Secretary for 
"'&f!of E^the Department of Foreign Affairs, to be appointed in conse- 
department. ^^^^^^^ ^f ^l^-g ^^^^ gj^^U forthwith after his appointment, be 
entitled to have the custody and charge of all records, books 
and papers in the office of Secretary for the Department of 
Foreign Affairs, heretofore established by the United States 
in Congress assembled. 
Approved, July 27, 1789. 

[United States Statutes at Large, Vol. 1, p. 49.] 

Aug. 7, 1789. Chap. VII. — An Act to establish an Executive Ilepartment, 

to be denominated the Department of War. 
1798, ch. 35. Sec. 1. Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Congress assem- 
SecretSiTyior the bled, That there shall be an executive department to be 
war^his duty, denominated the Department of War, and that there shall 
be a principal officer therein, to be called the Secretary for 
the Department of War, who shall perform and execute such 
duties as shall from time to time be enjoined on, or entrusted 
to him by the President of the United States, agreeably to the 
Constitution, relative to military commissions, or to the land 
or naval forces, ships, or warlike stores of the United States, 
1798, ch. 35, sec. 5. or to sucli othcr matters respecting military or naval affairs, 
as the President of the United States shall assign to the said 
department, or relative to the granting of lands to persons 
entitled thereto, for military services rendered to the United 
States, or relative to Indian affairs; and furthermore, that 
the said principal officer shall conduct the business of the 
said Department in such manner, as the President of the 
United States shall from time to time order or instruct. 
Principal clerk, Sec. 2. And bc it further enacted, That there shall be in 
' the said department an inferior officer, to be appointed by 



The Admhstisteation of George Washington 21 

the said principal oflficer;, to be employed therein as he shall 
deem proper, and to be called the chief clerk in the depart- 
ment of war, and who, whenever the said principal officer 
shall be removed from office by the President of the United 
States, or in any other case of vacancy, shall, during such 
vacancy, have the charge and custody of all records, books 
and papers, appertaining to the said department. 

Sec. 3. And he it further enacted, That the said principal oath of office. 
officer, and every other person to be appointed or employed 
in the said department, shall, before he enters on the execu- 
tion of his office or employment, take an oath or affirmation 
well and faithfully to execute the trust committed to him. 

Sec. 4. And he it further enacted, That the Secretary for secretary to take ' 
the department of war, to be appointed in consequence of &c., of war 
this act, shall forthwith after his appointment, be entitled 
to have the custody and charge of all records, books and 
papers in the office of Secretary for the department of war, 
heretofore established by the United States in Congress 
assembled. 

Approved, August 7, 1789. 

[United States Statutes at Large, Vol. 1, p. 65.] 

Chap. XII. — An Act to establish the Treasury Department. Sept. 2, i789. 

Section 1. Be it enacted hy the Senate and House of Bspre- Department 
sentatives of the United States of America in Congress assem- 
bled, That there shall be a Department of Treasury, in which 
shall be the following officers, namely: a Secretary of the otBcers: secretary, 

„ 1 T T T n P 1 T , ; r-i Comptroller, Auditor, 

Treasury, to be deemed head of the department: a Comp- Treasurer, Register, 

Assista.nt to S6cr6t3,rv, 

troller, an Auditor, a Treasurer, a Eegister, and an Assistant 
to the Secretary of the Treasury, which assistant shall be 
appointed by the said Secretary. 

Sec. 2. And he it further enacted, That it shall be the Duties of the 

Secretary. 

duty of the Secretary of the Treasury to digest and prepare 
plans for the improvement and management of the revenue, 
and for the support of public credit; and to prepare and 
report estimates of the public revenue, and the public expen- 
ditures; to superintend the collection of the revenue; to 



33 Executive Eegister Or the United States 

decide on the forms of keeping and stating accounts and 
making returns, and to grant under the limitations herein 
established, or to be hereafter provided, all warrants for 
monies to be issued from the Treasury, in pursuance of ap- 
propriations by law; to execute such services relative to the 
sale of the lands belonging to the United States, as may be 
by law required of him; to make report and give information 
to either branch of the legislature, in person or in writing 
(as he may be required), respecting all matters referred to 
him by the Senate or House of Eepresentatives, or which 
shall appertain to his office; and generally to perform all 
such services relative to the finances, as he shall be directed 
to perform. 
Duties of the Scc. 3. A7id he it further enacted, That it shall be the duty 
Comptroller. ^^ ^^^ Comptroller to superintend the adjustment and preser- 
vation of the public accounts; to examine all accounts settled 
by the Auditor, and certify the balances arising thereon to 
the Eegister; to countersign all warrants drawn by the Secre- 
tary of the Treasury, which shall be warranted by law; to 
report to the Secretary the official forms of all papers to be 
issued in the diffierent offices for collecting the public 
revenue, and the manner and form of keeping and stating 
Act of March 3, the accouuts of the several persons employed therein. He 
1809, ch. 28, sec. 2. ^-^^^i morcover provide for the regular and punctual payment 
of all monies which may be collected, and shall direct prose- 
cutions for all delinquencies of officers of the revenue, and 
for debts that are, or shall be due to the United States. 
Duties of the Scc. 4. And he it further enacted, That it shall be the duty 
reasurei. ^^ ^^^ Treasurer to receive and keep the monies of the 
United States, and to disburse the same upon warrants 
drawn by the Secretary of the Treasury, countersigned by 
the Comptroller, recorded by the Eegister, and not other- 
wise; he shall take receipts for all monies paid by him, and 
all receipts for monies received by him shall be endorsed 
upon warrants signed by the Secretary of the Treasury, with- 
out which warrant, so signed, no acknowledgment for money 
received into the public Treasury shall be valid. And the 
said Treasurer shall render his accounts to the Comptroller 



The Administration of George Washington 23 

quarterly, (or oftener if required,) and shall transmit a copy 
thereof, when settled, to the Secretary of the Treasury. He 
shall moreover, on the third day of every session of Congress, 
lay before the Senate and House of Eepresentatives, fair and 
accurate copies of all accounts by him from time (to time) 
rendered to, and settled with the Comptroller as aforesaid, 
as also, a true and perfect account of the state of the Treas- 
ury. He shall, at all times, submit to the Secretary of the 
Treasury, and the Comptroller, or either of them, the inspec- 
tion of the monies in his hands; and shall, prior to the enter- 
ing upon the duties of his office, give bond, with sufficient 
sureties, to be approved by the Secretary of the Treasury 
and Comptroller, in the sum of one hundred and fifty thou- 
sand dollars, payable to the United States, with condition Act of March 3, 
for the faithful performance of the duties of his office, and ■•=•"• ^^'^• 
for the fidelity of the persons to be by him employed, which 
bond shall be lodged in the office of the Comptroller of the 
Treasury of the United States. 

Sec. 5. And he it further enacted, That i{ shall be the duty Duties of the 
of the Auditor to receive all public accounts, and after exam- 
ination to certify the balance, and transmit the accounts 
with the vouchers and certificate to the Comptroller for his Act of May s, 1792, 
decision thereon: Provided, That if any person whos'e ac-'^ ' '^^^' 
count shall be so audited, be dissatisfied therewith, he may Act of March 3* 1809, 

ch 28 sec 2 

within six months appeal to the Comptroller against sucn 
settlement. 

Sec. 6. And he it further enacted. That it shall be the nuties of the 
duty of the Kegister to keep all accounts of the receipts and ^^^^ ^''' 
expenditures of the public money, and of all debts due to or 
from the United States; to receive from the Comptroller the 
accounts which shall have been finally adjusted, and to pre- 
serve such accounts with their vouchers and certificates; to 
record all warrants for the receipt or payment of monies at 
the Treasury, certify the same thereon, and to transmit to 
the Secretary of the Treasury, copies of the certificates of 
balances of accounts adjusted as is herein directed. secretary removed, 

Sec. 7. And he it further enacted, That whenever the assistant secretary' 
Secretary shall be removed from office by the President of of records, &c. 
S, Doc. 196, 58-3—05 3 



24 Executive Kegistee of the United States 

the United States, or in any other case of vacancy in the 
office of Secretary, the Assistant shall, during the vacancy, 
have the charge and custody of the records, books, and 
papers appertaining t.' the said office. 
Persons appointed, Scc. 8. And he it fuvther enacted, That no person ap- 
° act^Prohibition pointed to any office instituted by this act, shall directly or 
"''°"' 18, se'cf i! indirectly he concerned or interested in carrying on the 
business of trade or commerce, or be owner in whole or in 
part of any sea-vessel, or purchase by himself, or another 
in trust for him, any public lands or other public prop- 
erty, or be concerned in the purchase or disposal of any 
public securities of any State, or of the United States, or 
take or apply to his own use, any emolument or gain for 
negotiating or transacting any business in the said depart- 
ment, other than, what shall be allowed by law; and if any 
Penalty for breach pcrsou sliall offeud agaiust any of the prohibitions of this act, 
of the prohibitions j^^ shall bc deemed guilty of a high misdemeanor, and forfeit 
to the United States the penalty of three thousand dollars, 
and shall upon conviction be removed from office, and for- 
ever thereafter incapable of holding any office under the 
United States; Provided, That if any other person than a 
public prosecutor shall give information of any such offence, 
upon which a prosecution and conviction shall be had, one 
half the aforesaid penalty of three thousand dollars, when 
recovered, shall be for the use of the person giving such 
information. 

Approved, September 2, 1789. 

[United States Statutes at Large, Vol. 1, p. 68.] 

Sept. 15, 1789. Chap. XIV. — An Act to provide for the safe-heeping of the 

Acts, Records and Seal of the United States, and for othef^ 

purposes. 

(Act of July 27, Scctiou 1. Bc it enactcd hj the Seriate and Rouse of Repre- 

' '^ '■ ■ sentatives of the United States of America in Congress assem- 

T)epa.Ttment oihled. That the Executive department, denominated the De- 

"'chTnged to partment of Foreign Affairs, shall hereafter be denominated 

'''^of%Ta™. the Department of State, and the principal officer therein 

shall hereafter be called the Secretary of State. 



The Administkation of Geoege Washington 25 

Sec. 2. And he it further enacted, That whenever a bill, Additional duties 
order, resolution, or vote of the Senate and Honse of Kepre- slcrltarVot%he 
sentatives, having been approved and signed by the President ^^'^ department, 
of the United States, or not having been returned by him 
with his objections, shall become a law, or take effect, it 
shall forthwith thereafter be received by the said Secretary 
from the President; and whenever a bill, order, resolution, or 
vote, shall be returned by the President with his objections, 
and shall, on being reconsidered, be agreed to be passed, and 
be approved by two-thirds of both Houses of Congress, and 
thereby become a law or take effect, it shall, in such case, be 
received by the said Secretary from the President of the 
Senate, or the Speaker of the House of Eepresentatives, in 
whichsoever House it shall last have been so approved; -and 
the said Secretary shall, as soon as conveniently may be, 
after he shall receive the same, cause every such law, order, 
resolution, and vote, to be published in at least three of the 
public newspapers printed within the United States, and 
shall also cause one printed copy to be delivered to each 
Senator and Eepresentative of the United States, and two Act of March 2, 1799, 
printed copies duly authenticated to be sent to the Executive ^^' ^'^' ^^'^' ^ ^^'^ *' 
authority of each State; and he shall carefully preserve the 
originals, and shall cause the same to be recorded in books 
to be provided for the purpose. 

Sec. 3. And he it further enacted, That the seal heretofore seai of the 
used by the United States in Congress assembled, shall be, ^' ^*^^^^^- 
and hereby is declared to be, the seal of the United States. 

Sec. 4. And he it further enacted. That the said Secretary secretary to keep and 
shall keep the said seal, and shall make out and record, andcivu commissions. • 
shall affix the said seal to all civil commissions, to officers of 
the United States, to be appointed by the President by and 
with the advice and consent of the Senate, or by the President 
alone. Provided, That the said seal shall not be affixed to 
any commission, before the same shall have been signed by 
the President of the United States, nor to any other instru- 
ment or act, without the special warrant of the President 
therefor. 

Sec. 5. And he it further enacted, That the said Secretary 



26 Executive Eegister of the United States 

Secretary to provide shall cause a Seal of officG to be made for the said depart- 
a seal of office. ^^^^^ ^^ ^^^^^^ ^^^^-^^ ^^^ ^^^ President of the United States 

Copies, shall approve, and all copies of records and papers in the said 
office, authenticated under the said seal, shall be evidence 
equally as the original record or paper. 
Fees of ofHce to be Scc. 6. And be U further enacted. That there shall be paid 
''"^hea'states!to the Secretary, for the use of the United States, the fol- 
lowing fees of oflEiee, by the persons requiring the services to 
be performed, except when they are performed for any officer 
of the United States, in a matter relating to the duties of 
his office, to wit: For making out and authenticating copies 
of records, ten cents for each sheet, containing one hundred 
words; for authenticating a copy of a record or paper under 
the seal of office, twenty-five cents. 
Secretary to have cus- Scc. 7. And he it further enacted, That the said Secretary 
° ofkte^ccmgress! shall forthwith after his appointment be entitled to have the 
custody and charge of the said seal of the United States, and 
also of all books, records and papers, remaining in the office 
of the late Secretary of the United States in Congress assem- 
bled; and such of the said books, records and papers, as may 
appertain to the Treasury department, or War department, 
shall be delivered over to the principal officers in the said 
departments respectively, as the President of the United 
States shall direct. 
Approved, September 15, 1789. 

[United States Statutes at Large, Vol. 1, p. 70.] 

Sept. 22, 1789. Chap. XVI. — An Act for the temporary establishment of the 
Post-Office. 

Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Congress assem- 
bled, That there shall be appointed a Postmaster General; 
Powers and salary, his powcrs and Salary, and the compensation to the assistant 
or clerk and deputies which he may appoint, and the regu- 
lations of the post-office shall be the same as they last were 
under the resolutions and ordinances of the late Congress. 
The Postmaster General to be subject to the direction of the 



The Administration of GtEgege Washington 27 

President of the United States in performing the duties of 
his office, and in forming contracts for the transportation 
of the mail. 

Sec. 2. And he it further enacted, That this act shall con- Limitation, 
tinue in force nntil the end of the next session of Congress, 1791', °ch 23 

-1 1 " 1792,' ch. 7. 

and no longer. 
Approved, September 22, 1789. 

[United States Statutes at Large, Vol. 1, p. 73.] 

Chap. XX. — A71 Act to establish the Judicial Courts of the Sept. 24, 1789. 
United States. 

Section 1. Be it enacted hy the Senate and House of Repre- 
sentatives of the United States of America in Congress assem- 
bled. 



Sec. 35. And be it further enacted. 

******* 

And there shall also be appointed a meet person, learned Attomey-oenerai of 
in the law, to act as attorney-general for the United States, 
who shall be sworn or affirmed to a faithful execution of his 
office; whose duty it shall be to prosecute and conduct all Duties, 
suits in the Supreme Court in which the United States shall 
be concerned, and to give his advice and opinion upon ques- 
tions of law when required by the President of the United Act of May 29, isso, 

ch 153 

States, or when requested by the heads of any of the depart- 
ments, touching any matters that may concern their depart- 
ments, and shall receive such compensation for his services compensation, 
as shall by law be provided. 
Approved, September 24, 1789. 

Term of President, when it began. — Senate Journal, 1st 
Congress, 2nd session. May 14, 1790. 



The Senate proceeded to consider the report of the joint 
Committee, appointed the 28th of April, which is as follows: 



28 Executive Register of the United States 

The Committee of Senate, to join with a Committee ap- 
pointed by the House of Representatives, to consider and 
report their opinion on the question, when, according to the 
Constitution, the terms for which the President, Vice Presi- 
dent, Senators and Representatives, have been respectively 
chosen, shall be deemed to have commenced? and also to 
consider of, and report their opinion on such other matters 
as they should conceive to have relation to this question. 

Report as the opinion of the said joint Committees — 

That the terms for which the President, Vice President, 
Senators and Representatives of the United States, were 
respectively chosen, did, according to the Constitution, com- 
mence on the 4th day of March, 1789; and so the Senators of 
the first class, and the Representatives, will not, according to 
the Constitution, be entitled by virtue of the same election by 
which they hold seats in the present Congress, to seats in the 
next Congress, which will be assembled after the 3d day of 
March 1791; and further, that whenever a vacancy shall hap- 
pen in the Senate or House of Representatives, and an elec- 
tion to fill such vacancy, the person elected, will not, accord- 
ing to the Constitution, be entitled by virtue of such elec- 
tion, to hold a seat beyond the time for which the Senator 
or Representative in whose stead such person shall have been 
elected, would, if the vacancy had not happened, have been 
entitled to hold a seat, — 

That it will be advisable for the Congress to pass a Law 
or Laws for determining, agreeable to the provision in the 
first section of the 2d article of the Constitution, the time 
when the electors shall, in the year which will terminate on 
the 3d day of March 1793, and so in every fourth year there- 
after, be chosen, and the day on which they shall give their 
votes: Por declaring what officer shall, in case of vacancy, 
both in the office of President and Vice President, act as 
President: For assigning a public office where the lists, 
mentioned in the 2d paragraph of the 1st section of the 
2d article of the Constitution, shall, in case of vacancy in the 
office of President of the Senate, or his absence from the 
seat of government, be in the mean time deposited: And 



The Administeation of George Washington 29 

for directing the mode in which such lists shall he trans- 
mitted, — 

Whereupon, 

Eesolved, That the Senate do agree to this report. 

Ordered, That a message be sent to the House of Eepre- 
sentatives, to acquaint them herewith. - 



[United States Statutes at Large, Vol. 1, p. 178.] 

Chap. XXXVI. — An Act to continue in force for a limited August i, i^do. 
time, an act intituled "An Act for the temporary estab- 
lishment of the Post-Office." 

Be it enacted iy the Senate and House of Representatives' of Former act declared 
the United States of America^in Congress assembled, That the session! March^^^ 
act passed the last session of Congress, intituled " An act mi; ch. 23. 
for the temporary establishment of tlie post-olhce," be, and 
the same hereby is continued in force until the end of the 
next session of Congress, and no longer. 

Approved, August 4, 1790. 

[United States -Statutes at Large, Vol. 1, p. 218.] 
Chap. XXIII. — An Act to continue in force for a limited Murch 3,1791. 
tim.e, an act intituled "An act for the temporary establish- 
ment of the Post-Office." 

Section 1. Be it enacted by th9 Senate and House of Repre- Former act for tem- 
sentatives of the United States of America in Congress assem- of post-office con- 
bled, That the act passed the first session of Congress, inti- 1739, ch. 16. 

1792 ch. 7. 

tuled " an act for the temporary establishment of the post- 
office," be, and the same is hereby continued in full force 
until the end of the next session of Congress, and no longer. 

Sec. 2. And be it further enacted, That all letters to and Letters on public 
from the treasurer, comptroller and auditor of the treasury, the treasury to be 
and the assistant to the secretary of the treasury, on public postage, 
service, shall be received and conveyed by the post, free of 
postage. 

Sec. 3. And be it further enacted. That the postmaster Mail to be extended 
general shall be and he is hereby authorized to extend the Bennington. 



30 Executive Register of the United States 

carrying the mail from Albany, in the state of New York, to 
Bennington in the state of Vermont. 
Approved, March 3, 1791. 

[United States Statutes at Large, Vol. 1, p. 232.] 

Feb. 20, 1792. Chap. VII.— A/i Act to establish the Post-Office and Post 
Roads within the United States. 

Establishing post Section 1. Be it enacted ly the Senate and House of Repre- 
roads after 1st June ^^^^^^^^g^ o/ the United States of America, in Congress assem- 
1794, ch. 23. j^g^^ rpj^^^ f^^^ ^^^ ^f^gj, ^j^g g^st day of June next, the 
following roads he established as post roads, namely: From 
Wisscassett in the district of Maine, to Savannah in Georgia, 
by the following route, to wit: Portland, Portsmouth, Few- 
buryport, Ipswich, Salem, Boston, Worcester, Springfield, 
Hartford, Middletown, New Haven, Stratford, Fairiield,' 
Norwalk, Stamford, New York, Newark, Elizabethtown, 
Woodbridge, Brunswick, Princeton, Trenton, Bristol, Phila- 
delphia, Chester, Wilmington, Elkton, Charlestown, Havre 
de Grace, Hartford, Baltimore, Bladensburg, Georgetown, 
Alexandria, Colchester, Dumfries, Fredericksburg, Bowling 
Green, Hanover Court House, Eichmond, Petersburg, Hali- 
fax, Tarborough, Smithfield, Fayetteville, Newbridge over 
Drowning creek, Cheraw Coiirt House, Camden, Statesburg, 
Columbia, Cambridge and Augusta; and from ihence to 
Savannah, and from Aug\ista by AVashington in Wilkes 
County to Greenborough, and from thence by the great falls 
of Ogechee and Georgetown, to Augusta, and from States- 
burg to Charleston, and from Charleston to Georgetown, 
from Charleston to Savannah, and from Savannah, by New- 
port bridge to Sunbury; and also from Portsmouth by^ Exeter 
and Concord, to Hanover in New Hampshire; and from 
Salem to Mablehead, and from Salem to Gloucester; 
and from Boston, by Providence, Newport, and New 
London, to New Haven, and from Boston, through 
Taunton, to New Bedford; and from Taunton, through 
Warren and Bristol, to Newport, and from Boston, 
by Plymouth, to Barnstable; and from Springfield in the 



The Administration op George Washington 31 

state of Massachusetts, to Kinderhook in the state of New 
York, and from Springfield, by Northampton, Brattle- 
borough, and Charlestown, by Windsor in Vermont, to Han- 
over, and from Hartford, by Middletown, to New London; 
also from Hartford to Norwich, and Providence; and from 
Providence to Worcester, and from Philadelphia, by Lan- 
caster, Yorktown, Carlisle, Shippensburg, Chambersburg, 
Bedford, and Greensburg, to Pittsburg; and from Philadel- 
phia to Bethlehem; from Bethlehem, by Eeading and Harris- 
burg, to Carlisle, and from Bethlehem, by Easton, Sussex 
Court House, Goshen, Ward's Bridge, and Kingston, to 
Rhinebeck; from Philadelphia, by Salem, to Bridgetown; and 
from Wilmington, by Warwick, Georgetown, Cross Eoads, 
Chestertown, Chester Mills, and Easton, to Vienna; and 
from Vienna, by Salisbury, to Snow Hill; also from Wilming- 
ton, by Newcastle, Cantwell's Bridge and Duck Creek, to 
Dover; and from thence by Milford, Dagsborough, Snow 
Hill, and Northampton Court House, to Norfolk in Vir- 
ginia; and from Baltimore to Annapolis, Upper Marlborough, 
Piscatawa, Port Tobacco, Allen's Fresh, Newport, and Chap- 
tico, to Leonardtown; and from Richmond, by Williamsburg, 
Yorktown and Hampton, to Norfolk; and from Fredericks- 
burg, by Port Royal and Tappahannock,to Urbanna; and from 
thence, crossing Rappahanock, and proceeding by Northum- 
berland Court House, to Kinsale on the river Yeocomico, 
thence by Westmoreland Court House, through Leedstown, 
to Fredericksburg; and from Petersburg, ,by Cabin Point, 
Smithfield, and Suffolk, to Portsmouth, and from Suffolk, 
to Edenton, and by Plymouth to Washington; and from 
Washington to Newborn, and thence to Wilmington; and 
from Fayettevile, by Elizabethtown, to Wilmington; and 
from Halifax, by Warrington, Hillsborough, Salem, to Salis- 
bury; from Halifax, by Bluntsville, Williamston, Daileys to 
Plymouth; and from Edenton, by Hertford, Nixonton, Saw- 
yer's Ferry, in Camden county, to Indiantown, in Currituck 
county; and from New York, by Albany, Bennington, Man- 
chester and Rutland, to Burlington, on Lake Champlain; 
and from Albany, by Schenectady, to Connajorharrie; from 



33 Executive Eegister of the United States 

New York to Hartford, through Whiteplams, North Castle, 
Salem, Poimdridge, Eidgefield, Danbury, NewtoAvn, New 
Milford, Litchfield, Harrington and Farniington; from New- 
ark or Elizabeth town, by Morristown, to Sussex Court House; 
from Woodbridge to Amboy; from Alexandria, by Salisbury, 
Leesburg, Sheperdstown, Martinsburg, Winchester, Stevens- 
burg, Strasburg, Woodstock, and Eockingham Court House, 
to Staunton; and from Eichmond, by Columbia, Charlottes- 
ville, Staunton, Lexington, Fincastle, Montgomery Court 
House, Wythe Court House, Abingdon, and Hawkins Court 
House, in the territory South of the river Ohio, to Danville 
in Kentucky; and from Baltimore, by Fredericktown and 
Sharpsburg, to Hagerstown; and from thence to Chambirs- 
burg: Provided, That the route, by which the mails are at 
present conveyed, shall in no case be altered, without the 
consent of the contractors, till the contracts made by the 
Postmaster General shall be determined. 
p. M. Gen. may Sec. 2. And he it further enacted, That it shall and may 
^"t^r carrying mail be lawful for the Postmastcr General to enter into contracts, 

not to exceed eight p . . -,■ •ij_ j; xi-jit 

years, lor a term not exceeding eight years, tor extending the line 
of posts, and to authorize the person or persons, so contract- 
ing, to receive, during the continuance of such contract, 
according to the rates by this act established, all the postage 
which shall arise on letters, newspapers and packets, con- 
veyed by any such post; and the roads, therein designated, 
shall, during the continuance of such contract, be deemed 
and considered as post roads, within the terms and provisions 
of this act: Provided, That no such contract shall be made, 
to the diminution of the revenue of the general post-office, 
and that a duplicate of every such contract, under hand and 
seal, shall, within sixty days after the execution thereof, 
be lodged in the office of the comptroller of the treasury of 
the United States. 
General post-office Scc. 3. And he it further enacted, That there shall be 
government, established, at the seat of the government of the United 
States, a general post-office. And there shall be one Post- 
master General, who shall have authority to appoint an 
assistant, and deputy postmasters, at all places where such 



The Administkation of George Washington 33 

shall be found necessary. And lie shall provide for carrying 
the mail of the United States, by stage carriages or horses, 
as he may judge most expedient; and as often as he, having 
regard to the productiveness thereof, as well as other cir- 
cumstances, shall think proper, and defray the expenses 
thereof, with all other expenses arising on the collection 
and management of the revenue of the post-office. He shall 
also have power to prescribe such regulations to the deputy 
postmasters, and others employed under him, as may be 
found necessary, and to superintend the business of the 
department, in all the duties that are, or may be assigned to 
it, and also to direct the route or road, where there are more 
than one, between the places above established, which route 
or road shall be considered as the post road. 

Sec. 4. And he it further enacted, That the Postmaster p. m. oen. to settle 
General shall, once in three months, obtain from his depu- 
ties, the accounts and vouchers of their receipts and expen- 
ditures, and the balances due thereon, and render to the 
secretary of the treasury, a quarterly account of all the re- 
ceipts and expenditures in the said department, to be ad- 
justed and settled as other public accounts, and shall pay, 
quarterly, into the treasury of the United States, the balance 
in his hands. And the Postmaster General, and his assist- and, with persons 
ant, the deputy postmasters, and such as they may employ 
in their offices, shall, respectively, before they enter upon 
the duties, or be entitled to receive the emoluments of their 
offices, and the contractors for carrying the mail, and their 
agents or servants, to whom the mail shall be entrusted, be- 
fore they commence the execution of said trust, shall, re- 
spectively, take and subscribe before some justice of the to take oath, 
peace, the following oath or affirmation, and cause a certifi- ^ 

cate thereof to be filed in the office of the Postmaster Gen- 
eral: " I do swear (or affirm as the case may be) that I will 
faithfully perform all the duties required of me, and abstain 
from everything forbidden by the law in relation to the 
establishment of post-offices and post-roads within the 
United States." 

Sec. 5. And he it further enacted, That if any person shall 



34 Executive Register of the United States 

Penalty on obstruct or retard the passage of the mail, or of any horse 
maii°andTSi|ence or Carriage carrying the same, he shall, upon conviction for 
oi ferrymen. ^^^^.^ gy^Q\i offeuce, pay a fiiie not exceeding one hundred 
dollars. And if any ferryman shall, by wilful negligence, 
or refusal to transport the mail across any ferr}^ delay the 
same, he shall forfeit, and pay, for each half hour that the 
same shall be so delayed, a sum not exceeding ten dollars. 
Postmaster General Scc. 6. And he it further enacted, That it shall be the 
previousTo m'aidng duty of tlic Postmastcr General, to give public notice in one 
'^°"ing''the m'aXai^d or morc of the uewspapcrs published at the seat of govern- 
ment of the United States, and in one or more of the news- 
papers published in the state or states where the contract is 
to be performed, for at least six weeks before the entering 
into any contract for the conveyance of the mail that such 
contract is intended to be made, and the day on which it 
shall be concluded; describing the places, from and to which 
such mail is to be conveyed; the time at which it is to be 
made up; the day and hour, at which it is to be delivered; 
and the penalty or penalties for non-performance of the stip- 
ulations. He shall, moreover, within thirty days after the 
lodge the contract making of any contract, lodge the same, together with the 
in the comptroikr^s pj-gposals which lic shall liavc received respecting the same, 
in the office of the comptroller of the treasury of the United 
States. 
Dep. p. M. to keep Scc. 7. And he it further enacted, That every deputy post- 
an office, jj^g^gj^gj. g^all kccp an office in which one or more persons 
shall attend at such hours as the Postmaster General shall 
direct, for the purpose of performing the duties thereof. 
And all letters brought to any post-office, half an hour 
before the time of making up the mail at such office, shall 
be forwarded therein. 
Allowance to ^^c. 8. And hc it further enacted. That from and after the 
^' "assStant! P^ssiug of this act, the Postmaster General shall be allowed, 
for his services, at the rate of two thousand dollars per 
annum, his assistant, at the rate of one thousand dollars per 
annum, to be paid quarterly, out of the revenues of the post- 
office: and no fees or perquisites shall be received by either 
of them, on account of the duties to be performed in virtue 
of their appointments. 



The Administration of George Washington 35 

Sec. 9. And he it further enacted, That from and after the Rates of postage 
first day of June next, the deputy postmaster and persons 
authorized by the Postmaster General, shall demand and 
receive, for the postage and conveyance of letters and pack- 
ets, except such as are herein after excepted, according 
to the several rates and sums following: For the postage of 
every single letter, to or from any place by land not exceed- 
ing thirty miles, six cents; over thirty miles, and not exceed- 
ing sixty, eight cents; over sixty miles, and not exceeding 
one hundred, ten cents; over one hundred miles, and not 
exceeding one hundred and fifty, twelve cents and a half; 
over one hundred and fifty miles, and not exceeding two 
hundred, fifteen cents; over two hundred miles, and not 
exceeding two hundred and fifty, seventeen cents; over two 
hundred and fifty miles, and not exceeding three hundred 
and fifty, twenty cents; over three hundred and fifty miles, 
and not exceeding four hundred and fifty, twenty-two cents; 
and to or from any place by land, more than four hundred 
and fifty miles, twenty-five cents; and every double letter 
shall pay double the said rates; every triple letter, triple; 
every packet weighing one ounce avoirdupois, to pay, at the 
rate of four single letters for each ounce, and in that propor 
tion, for any greater weight. 

Sec. 10. And he it further enacted, That all letters and Rates of letters and 
packets, passing by sea to and from the United States, or sea. 
from one port to another therein, in packet boats or vessels, 
the property of, or provided by the United States, shall be 
rated and charged as follows : For every single letter, eight 
cents ; for every double letter, sixteen cents ; for every triple 
letter or packet, twenty-four cents; for every letter or packet 
brought into the United States, or carried from one port 
therein to another by sea, in any private ship or vessel, four 
cents, if delivered at the place where the same shall arrive; 
and if directed to be delivered at any other place, with the 
addition of the like postage, as other letters are made subject 
to the payment of by this act. 

Sec. 11. And he it further enacted, That if any deputy Penalty on demand- 

._- i-r»j.x ^"^ °^ receiving 

postmaster, or other person authorized by the Postmaster beyond stipulated 

■'■■'■ postage. 



36 Executive Kegistek of the United States 

General, to receive the postages af letters, shall fraudulently 
demand or receive any rate of postage, or any gratuity or 
reward, other than is provided by this act for the postage 
of letters or packets on conviction thereof, he shall forfeit 
for every such offence, one hundred dollars, and shall be ren- 
dered incapable of holding any office under the United 
States. 
Duty of masters of ^ec. 13. And U U further enacted, That no ship or vessel, 
maS ?eport?&c° arriving at any port within the United States, w^here a post- 
office is established, shall be permitted to report, make entry 
or break bulk, till the master or commander shall have 
delivered to the postmaster, all letters directed to any person 
or persons within the United States, which, under his care 
or within his power, shall be brought in such ship or vessel, 
other than such as are directed to the owner or consignee: 
but when a vessel shall be bound to another port, than that, 
at which she may enter, the letters belonging to, or to be 
delivered at the said port of delivery, shall not be delivered 
to the postmaster at the port of entry. And it shall be the 
duty of the collector or other officer of the port, empowered 
to receive entries of ships or vessels, to require from every 
master or commander of such ship or vessel, an oath or 
affirmation, purporting that he has delivered all such letters, 
except as aforesaid. 
)ut,y of p. M. on Scc. 13. And he it further enacted, That the postmasters 

rccBiot of letters 

from foreign to whom such Icttcrs may be delivered, shall pay to the 

packets, &c. , , ,•; -,[... 

master, commander, or other person delivering the same, 
except the commanders of foreign packets, two cents for 
every such letter or packet; and shall obtain from the person 
delivering the same, a certificate specifying the number of 
letters and packets, with the name of the ship or vessel, 
and the place from whence she last sailed ; which certificate, 
together with a receipt for the motiey, shall be with his 
half-yearly accounts, transmitted to the Postmaster General, 
who shall credit the amount thereof to the postmaster for- 
warding the same. 
Penalty on persons Scc. 14. And hc it further cuacted. That if anv nerson 

offending against xi, j,i , i t^ , , ^ '' ^ 

this act. otner than the Postmaster General, or his deputies, or per- 



The Administration of George Washington 37 

sons by them employed, shall take up, receive, order, dis- 
patch, convey, carry or deliver any letter or letters, packet or 
packets, other than newspapers, for hire or reward, or shall 
be concerned in setting np any foot or ,horse post, wagon 
or other carriage, by or in which any letter or packet shall 
be carried for hire, on any established post-road, or any 
packet, or other vessel or boat, or any conveyance whatever, 
whereby the revenue of the general post-office may be in- 
jured, every person, so offending, shall forfeit, for every such 
offence, the sum of two hundred dollars. Provided, That it 
shall and may be lawful for every person to send letters or 
packets by special messenger. 

Sec. 15. And he it further enacted, That the deputy post- Deputies to account 
masters or agents of the Postmaster Greneral, shall duly bye letters. 
account and answer to him, for all bye or way-letters, and 
shall specify the number and rates in the post bill. And if 
any deputy postmaster or agent shall neglect so to account, 
he or they so offending, shall, on conviction thereof, forfeit, 
for every such offence, a sum not exceeding one hundred Penalty on 

T „ neglecting, 

dollars. 

Sec. 16. And he it further enacted, That if any person, 
employed in any of the departments of the general post- 
office, shall unlawfully detain, delay, or open, any letter, detaining, delaying, 
packet, bag or mail of letters, with which he shall be en- letters, &c. 
trusted, or which shall have come to his possession, and 
which are intended to be conveyed by post: Or if any such 
person shall secrete, embezzle or destroy any letter or packet, 
entrusted to him, as aforesaid, and which shall not contain 
any security for, or assurance relating to money, as herein 
after described, every such offender, being thereof duly con- 
victed, shall, for every such offence, be fined not exceeding 
three hundred dollars, or imprisoned not exceeding six 
months, or both, according to the circumstances and aggrava- 
tions of the offence. And if any person employed as afore- 
said, shall secrete, embezzle or destroy, any letter, packet, 
bag, or mail of letters, with which he shall be entrusted, or 
which shall have come to his possession, and are intended to 
be conveyed by post, containing any bank note, or bank 



38 Executive Register of the United States 

post bill, bill of exchange, warrant of the treasury of the 
United States, note of assignment of stock in the funds, 
letters of attorney for receiving annuities or dividends, or for 
selling stock in the funds, or for receiving the interest 
thereof, or any letter of credit, or note for, or relating to 
the payment of money, or other bond or warrant, draft, bill, 
or promissory note whatsoever, for the payment of money; 
or if any such person, employed as aforesaid, shall steal or 
take any of the same out of any letter, packet, bag or mail 
of letters, that shall come to his possession, he shall, on con- 
viction for any such offence, suffer death. And if any per- 
son, who shall have taken charge of the mail of the United 
States, shall quit or desert the same, before his arrival at 
the next post-office, every such person, so offending, shall 
forfeit and pay a sum, not exceeding five hundred dollars, 
for every such offence. And if any person, concerned in 
carrying the mail of the United States, shall collect, receive 
or carry any letter or packet, or shall cause or procure the 
same to be done, contrary to this act, every such offender 
shall forfeit and pay, for every such offence, a sum not ex- 
ceeding fifty dollars. 

Penalty on persons Scc. 17. And he it further enacted, That if any person or 
ing e mai . pgj.gQj^g shall rob any carrier of the mail of the United 
States, of such mail, or if any person shall rob the mail, in 
which letters are sent to be conveyed by post, of any letter 
or packet, or shall steal such mail, or shall steal and take 
from or out of the same, or from or out of any post-office, 
any letter or packet, such offender or offenders shall, on 
conviction thereof, suffer death. 

Deputies to publish Sec. 18, And he it further enacted, That the deputy post- 

every three months , ini , ■ ^ ni-iin -i- p 

a list of letters then mastcrs shali, respectively, publish at the expiration or every 
' ' three months, in one of the newspapers published at, or 
nearest the place of his residence, for three successive weeks, 
a list of all the letters then remaining in their respective 
offices; and at the expiration of the next three months, shall 
send such of the said letters as then remain on hand, as dead 
letters, to the general post-office, where the same shall be 
opened and inspected; and if any valuable papers or matter 



The Administration op George Washington 39 

of consequence, shall be found therein, it shall be the duty 
of the Postmaster General, to cause a descriptive list thereof 
to be inserted in one of the newspapers, published at the 
place most convenient to where the owner may be supposed 
to reside, if within the United States, and such letter and 
the contents shall be preserved, to be delivered to the per-' 
,son, to whom the same shall be addressed, upon payment of 
the postage, and the expense of publication. 

See. 19. And he it further enacted, That the following let- certain letters to 
ters and packets, and no other, shall be received and con-orpostlg^! 
veyed by post, free of postage, under such restrictions, as 
are hereinafter provided; that is to say: All letters and 
packets to or from the President or Vice President of the 
United States, and all letters and packets, not exceeding two 
ounces in weight, to or from any member of the Senate or 
House of Representatives, the Secretary of the Senate or 
Clerk of the House of Representatives, during their actual 
attendance in any session of Congress, and twenty days after 
such session. All letters to and from the Secretary of the 
Treasury, and his assistant, Comptroller, Register, and Audi- 
tor of the Treasury, the Treasurer, the Secretary of State, 
the Secretary at War, the Commissioners for settling the 
accounts between the United States and individual states, 
the Postmaster General and his assistant: Provided, That 
no person shall frank or enclose any letter or packet, other 
than his own; but any public letter or packet from the de- 
partment of the Treasury may be franked by the Secretary 
of the Treasury, or the assistant Secretary, or by the Comp- 
troller, Register, Auditor or Treasurer; and that each person 
before named shall deliver to the post-office every letter or 
paxiket enclosed to him, which may be directed to any other 
person, noting the place, from whence it came by post, and 
the usual postage shall be charged thereon. 

Sec. 20. And he it further enacted. That if any person penalty on counter- 
shall counterfeit the hand-writing of any other person, in order to eva'de postage. 
to evade the payment of postage; such person or persons, so 
offending, and being thereof duly convicted, shall forfeit 
and pay, for every such offence, the sum of one hundred 

dollars. 

S. Doc. 196, 58-3—05 4 



40 Executive Kegister of the TJisriTED States 

Privilege of news Sec. 21. And 1)6 U fuHlier enacted, That every printer of 
printers, j-^g^gpapers may send one paper to each and every other 
printer of newspapers within the United States, free of post- 
age, nnder snch regulations, as the Postmaster General shall 
provide. 
Newspapers how to Sec. 32. And be it further enacted, That all newspapers, 

be put up fo^the ^Qj^^gyg^l jj^ l-l^g j^ail, shall be under a cover open at one end, 
carried in separate hags from the letters, and charged with 
the payment of one cent, for any distance not more than one 
hundred miles, and one cent and a half for any greater dis- 
tance: And it shall be the duty of the Postmaster General 
and his depnt}^, to' keep a separate account for the news- 
papers, and the deputy postmasters shall receive fifty per 
cent, on the postage of all newspapers: And if any other 
matter or thing be enclosed in such papers, the whole packet 
shall be charged, agreeably to the rates established by this 
act, for letters or packets. And if any of the persons em- 
ployed in any department of the post-of&ce, shall unlawfully 
detain, dela}^, embezzle or destroy any newspaper, with 
which he shall be entrusted, such offenders, for every such 
offence, shall forfeit a sum, not exceeding fifty dollars: 

p. M. Gen. may Pvovided, That the Postmaster General, in any contract, he 

permit contractor /■pi o ^ -i 

to carry newspapers; may enter luto, tor the conveyance of the mail, may author- 
ize the person, with whom such contract is made, to carry 
newspapers, other than those conveyed in the mail. 
allow such commis- Scc. 23. And he it further enacted, That the Postmaster 

sion to deputies as 

he may deem ade- General be, and he is hereby authorized to allow to the 

quate, not to 

exceed, &c. deputy postmastcrs respectively, such commission on the 
monies arising from the postage of letters and packets, as 
he shall think adequate to their respective services: Pro- 
vided, That the said commission shall not exceed forty per 
cent, to any deputy, whose compensation thereby shall not 
exceed fifty dollars, nor thirty per cent, to any deputy, whose 
compensation thereby shall not exceed one hundred dollars, 
nor twenty per cent, to any other deputy, except the post- 
master at the port, where the European packets do, or shall 
steadily arrive: to whom such farther allowance, in addition 
to the emoluments of his office, shall be made, as the Post- 



The Administration of Gteorge Washington 41 

master General shall deem a reasonable corajDensation for his 
extra services in the receipt and dispatch of letters, originally 
received into his office, from on board such packets, and by 
him forwarded to other offices: And provided also, That 
the compensations aforesaid shall not exceed eio-hteen hun- to any one $i8oo 

per annum. 

dred dollars per annum to any one postmaster for all services 
by him rendered. 

Sec. 24. And de it further enacted, That if any deputy p. m. oen. to 

, , ,, n-Tj-n prosecute deputies 

postmaster or other person, authorized to receive the postage neglecting to 
of letters and packets, shall neglect or refuse to render his and penalty on his 

nC'lGCt tllGPGOf 

accounts, and pay over to the Postmaster General, the bal- 
ance by him due, at the end of every three months, it shall 
be the duty of the Postmaster General, to cause a suit to be 
commenced against the person or persons so neglecting or 
refusing: And if the Postmaster General shall not cause 
such suit to be commenced within three months, from the 
end of every such three months, the balances due from every 
such delinquent shall be charged to, and recoverable from the 
Postmaster General. 

Sec. 25. And ie it further enacted, That all pecuniary Appropriation of 
penalties and forfeitures, incurred under this act, shall be, this act. 
one half for the use of the person or persons informing and 
prosecuting for the same, the other half to the use of the 
United States. 

Sec. 26. And he it further enacted, That it shall be lawful p. m. cen. to make 
for the Postmaster General, to make provision, where it may of letters sent or 
be necessary, for the receipt of all letters and packets in- 
tended to be conveyed by any ship or vessel, beyond sea, or 
from any port of the United States to another port therein; 
and the letters so received shall be formed into a mail, 
sealed up, and directed to the postmaster of the port to 
which such ship or vessel shall be bound. And for every 
letter or packet so received, there shall be paid, at the time 
of its reception, a postage of one cent. And the Postmaster 
General may make arrangements with the postmasters in 
any foreign country for the reciprocal receipt and delivery 
of letters and packets, through the post-offices. Postmasters, &c. 

Sec. 27. And he it further enacted. That the deputy post- mmtia d'uty. 



42 Executive Kegistek of the United States 

masters, and the persons employed in the transportation of 
the mail, shall be exempt from militia duties, or any fine or 
penalty for neglect thereof. 
Appropriations of Sec. 28. A7id 1)6 U fuHker enacted, That all the surplus 
geneJaipoItTffice! reveuue of the general post-office, which shall have accrued, 
previous to the first day of June next, not heretofore appro- 
priated, be and the same is hereby appropriated towards 
defraying any deficiency Avhich may arise in the revenue of 
the said department for the year next ensuing. 
Former acts Scc. 29. Aiid be it fuHJier 'enacted, That the act passed 
''°° ist'june. the last session of Congress, intituled " An act to continue 
in force, for a limited time, an act, intituled ' An act for the 
1791, ch. 23. temporary establishment of the post-office,' " be, and the 
same is hereby continued in full force, until the first day of 
June next, and no longer. 
Limitation of Scc. 30. And 1)6 it fuHliev euactcd, That this act shall be 
IS ac . ^^ fQi-QQ f Qj. |;i-^Q term of two years, from the said first day of 
June next, and no longer. 
Approved, February 20, 1792. 

[United States Statutes at Large, Vol. 1, p. 239.] 

March 1, 1792. Chap. VIII. — An Act relative to the Election of a President 
and Vice President of the United States, and declaring the 
Officer ivho shall act as President in case of Vacancies in the 
offices both of President and Vice-President. 
March 26, 1S04, Scctiou 1. Be it enttcted by the Senate and House of Repre- 
states howTo sentatives of the United States of America in Congress assem,- 
eSraof pfe°sident ^^^f^j That cxcept in case of an election of a President and 
'""^ ''wLrto meei ^^icB President of the United States, prior to the ordinary 
and vote; pg^^Q^ as herein after specified, electors shall be appointed 
in each state for the election of a President and Vice Presi- 
dent of the United States, within thirty-four days preceding 
the first Wednesday in December, one tliousand seven hun- 
dred and ninety-two, and within thirty-four days preceding 
the first Wednesday in December in every fourth year suc- 
ceeding the last election, which electors shall be equal to 
the number of Senators and Eepresentatives, to which the 



The Administration of George Washington 43 

several states may by law be entitled at the time, when the 
President and Vice President, thus to be chosen, should 
come into office: Provided alivays, That where no appor- 
tionment of Eepresentatives shall have been made after any 
enumeration, at the time of choosing electors, then the num- 
ber of electors shall be according to the existing apportion- 
ment of Senators and Eepresentatives. 

Sec. 3. And h& it further enacted, That the electors shall 
meet and give their votes on the said first Wednesday in 
December, at such place in each state as shall be directed, 
by the legislature thereof; and the electors in each state 
shall make and sign three certificates of all the votes by them to sign three certifi- 
given, and shall seal up the same certifying on each that a votes given, 
list of the votes of such state for President and Vice Presi- 
dent is contained therein, and shall by writing under their 
hands, or under the hands of a majority of them, appoint a 
person to take charge of and deliver to the President of the 
Senate, at the seat of government, before the first Wednes- 
day in January then next ensuing, one of the said certificates, 
and the said electors shall forthwith forward by the post- How to be dis- 
office to the President of the Senate, at the seat of govern- ''"^^ 
ment, one other of the said certificates, and shall forthwith 
cause the other of the said certificates to be delivered to the 
judge of that district in which the said electors shall isoi, ch. so, sec. i. 
assemble. 

Sec. 3. And he it further enacted, That the executive Duty of executive 
authority of each state shall cause three lists of the names 
of the electors of such state to be made and certified and to 
be delivered to the electors on on before the said first Wed- 
nesday in December, and the said electors shall annex one of 
the said lists to each of the lists of their votes. 

Sec. 4. And he it further enacted, That if a list of votes, 
from any state, shall not have been received at the seat of 
government on the said first Wednesday in January, that 
then the Secretary of State shall send a 'gpecial messenger of sec. of state on 
to the district jndge in whose custody such list shall have "f votes"^ 
been lodged, who shall forthwith transmit the same to the 
seat of government. 



44 Executive Register of the United States 

con<^ress to be in Sgc. 5. And U it further enaxted, That Congress shall be 
Jedn°sd°ayinin sessioD Oil the second Wednesday in February, one thou- 
Feb. 1793. g^^^-^ seven hundred and nmety-three, and on the second 
Wednesday in Febrnary succeeding every meeting of the 
Twelfth amendment elcctors, and the Said certificates, or so many of them as shall 
of the constitution, j^^^^ ^^^^ rcceived, shall then be opened, the votes counted, 
and the persons vs^ho shall fill the offices of President and 
Vice President ascertained and declared, agreeably to the 
constitution. 
Duty of persons Soc. 6. And le it furtlur enacted, That in case there shall 
'""* "^f^votel! be no President of the Senate at the seat of government on 
the arrival of the persons entrusted with the lists of the 
votes of the electors, then such persons shall deliver the lists 
of votes in their custody into the office of the Secretary of 
State, to be safely kept and delivered over as soon as may be, 
to the President of the Senate, 
auowance to them. Scc. 7. And be it further enacted, That the persons ap- 
pointed by the electors to deliver the lists of votes to the 
President of the Senate, shall be allowed on the delivery of 
the said lists twenty-five cents for every mile of the esti- 
mated distance by the most usual road, from the place of 
meeting of the electors, to the seat of government of the 
United States. 
Penalty on their Sec. 8. And 1)6 it further enacted, That if any person ap- 
negiect of duty, pointed to deliver the votes of the electors to the President 
of the Senate, shall after accepting of his appointment neg- 
lect to perform the services required of him by this act, he 
shall forfeit the sum of one thousand dollars. 
Provision in cast Scc. 9. And 1)6 it further enacted, That in case of removal, 
pre^sideM and vice 'leath, resignation or inability both of the President and 
president, y-^g President of the United States, the President of the 
Senate pro tempore, and in case there shall be no President 
of the Senate, then the Speaker of the House of Eepresen- 
tatives, for the time being shall act as President of the 
United States until the disability be removed or a President 
shall be elected, 
duty of Sec. of Sec, 10. And he it further enacted. That Avhenever the 
event, ^fg^gg ^f President and Vice President shall both become 



The Administration of George Washington 45 

vacant, fhe Secretary of State shall forthwith cause a notifi- 
cation thereof to he made to the executive of every state, 
and shall also cause the same to be published in at least 
one of the newspapers printed in each state, specifying that 
electors of the President of the United States shall be ap- 
pointed or chosen in the several states within thirty-four 
days preceding the first Wednesday in December then next 
ensuing: Provided, There shall be the space of two months 
between the date of such notification and the said first " 
Wednesday in December, but if there shall not be the space 
of two months between the date of such notification and the 
first Wednesday in December; and if the term for which 
the President and Vice President last in offiice were elected 
shall not expire on the third day of March next ensuing, 
then the Secretary of State shall specify in the notification 
that the electors shall be appointed or chosen within thirty- 
four days preceding the first Wednesday in December in the 
year next ensuing, within which time the electors shall 
accordingly be appointed or chosen, and the electors shall 
meet and give their votes on the said first Wednesday in 
December, and the proceedings and duties of the said elec- 
tors and others shall be pursuant to the directions prescribed 
in this act. 

Sec. 11. And he it further enaded, That the only evidence Evidence of refusal, 
of a refusal to accept or of a resignation of the office of Presi- president, &c. 
dent or Vice President, shall be an instrument in writing 
declaring the same, and subscribed by the person refusing 
to accept or resigning, as the case may be, and delivered into 
the office of the Secretary of State. 

Sec. 12. And be it further enacted, That the term of four when the term of 
years for which a President and Vice President shall be commence. 
elected shall in all cases commence on the fourth day of 
March next succeeding the day on which the votes, of the 
electors shall have been given. 

Approved March 1, 1792. 

[United States Statutes at Large, Vol. 1, p. 279.] 

Chap. XXXVII. — An Act mahing alterations in the Treas- 
ury and War Departments. 



46 Executive Register of the United States 

Mays, 1792. Sectioii 1. B& U enacteclhy HiB Senate and HousB of Re pvc- 
sentatives of the United States of America in Congress assem- 
bled, 

******* 

Power of the Sec. 8. And le it further enacted, That in case of th(3 
&To1:The°hel'crs*of death, absence from the seat of government, or sickness of 
department! the Secretary of State, Secretary of the Treasury, or of the 
Secretary of the War department, or of any officer of either 
of the said departments whose appointment is not in the 
head thereof, whereby they cannot perform the duties of 
their said respective offices, it shall be lawful for the Presi- 
1795, ch. 21. dent of the United States, in case he shall think it necessary, 
to anthorize any person or persons at his discretion to per- 
form the dnties of the said respective offices nntil a successor 
be appointed, or nntil such absence or inability by sickness 
shall cease. 

Approved, May 8, 1792. 



THE ADMINISTRATION 

OF 

GEORGE WASHINGTON 

SECOND TEEM 
March 4, 1793, to March 3, 1797 



48 Executive Eegistee of the United States 



ELECTION FOR THE SECOND TERM COMMENCING 4th MARCH, 1793, 
AND TERMINATING 3rd MARCH, 1797. 






16 
4 
9 
3 

12 
7 

15 
3 
8 

21 
4 

13 



STATES. 



New Hampshire. 
Massachusetts. . . 
Ehode Island. . . . 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania. . . . 

Delaware 

Maryland 

Virginia 

Kentucky 

North Carolina. . 
South Carolina. , 
Georgia 



by a 

■■z '"J 

.a u 

xn --H 

. O 

d5 



6 

16 

4 

9 

3 

13 

7 

1.5 

8 
31 

4 
13 

8 

4 



6 

16 

4 



14 
3 



a, a) 



13 
1 

21 

12 

4 



5 !< 



133, whole number; 

necessary to elect, 67. 



133 



77 



50 



[Works of Hamilton, by John C. Hamilton, Vol. IV, p. 341.] 
Washington to Hamilton and Knox. 

February 27, 1793. 
Sir: 

As the day is near at hand when the President elect 
is to take the oath of qualification, and no mode is pointed 
out by the Constitution or by law, I could wish that you, Mr. 
Jefferson (Gen. Knox or Col. Hamilton), and Mr. Eandolph, 
could meet tomorrow morning at any place which you may 
fix between yourselves, and communicate to me the result of 
your opinions as to time, place, and manner of qualification. 

George Washington. 



The Administration of George Washington 49 

P. S. Mr. Jefferson and Mr. Eandolph have suggested 
the idea of meeting at the War Office, at nine o'clock, to- 
morrow morning. If this is convenient and agreeable to 
yon, you will be there accordingly; if otherwise, you will be 
so good as to let me know. 

Cabinet Opinion. 

Feb. 27, 1793. 
If the qualification is to be in private, T. J., A. H., H. K., 
and E. E. are of opinion that Mr. Gushing should administer 
the oath to the President at his own house, where such 
officers, or others, as he may notify, will attend. T. J. and 
A. H. think that it ought to be in private. 

Cabinet Opinion. 

March 1, 1793. 
It is our opinion, 

1. That the President ought to take the oath in public. 

2. That the time be on Monday next, at twelve o'clock in 
the forenoon. 

3. That the place be the Senate chamber. 

4. That the Marshal of the district inform the Vice- 
President, that the Senate chamber, being the usual place 
of the President's public acts, is supposed to be the best place 
for taking the oath, and that it is wished that the chamber 
be open. 

5. That it may be informally notified to the Vice-Presi- 
dent, Governor, and Foreign Ministers, that the oath is to 
be taken at the time and place above mentioned. 

6. That Mr. Gushing be requested to attend, and admin- 
ister the oath. 

7. That the President go without form, attended by such 
gentlemen as he may choose, and return without form, ex- 
cept that he be preceded by the Marshal. 

H. Knox. 

Edm. Eandolph. 



50 Executive Eegister of the United States 

My opinion given yesterday was founded upon prudential 
considerations of the moment; though I think it right, in 
the abstract, to give publicity to the act in question. If 
this is to be done on the present occasion, I see no objection 
to the above form. I am not, however, satisfied that pru- 
dential considerations are not equally balanced. 

A. Hamilton. 



The Admlnistr-vtion or George Washington 51 



George Washington, Virginia. 
John Adams, Massachusetts. 
March 4, 1793, to March 3, 1797. 

Secretary of State. 

Thomas Jefferson, of Virginia, continued from last admin- 
istration; resigned and ceased to act December 31, 1793. 

Edmund Eandolph, of Virginia, nominated January 1, 
1794; confirmed and commissioned January 2, 1794; 
entered upon duties January 2, 1794; resigned August 
19, 1795, and served to August 20, 1795. 

Timothy Pickering, of Pennsylvania (Secretary of War), 
ad interim August 20, 1795, to December 9, 1795. 

Timothy Pickering, of Pennsylvania, nominated Decem- 
ber 9, 1795; confirmed and commissioned December 10, 
1795; served through remainder of the administration. 

Secretary of the Treasury. 

Alexander Hamilton, of New York, continued from last 
administration; resigned and ceased to act January 31, 
1795. 

Oliver Wolcott, Jr., of Connecticut, nominated February 
2, 1795; confirmed February 3, 1795; commissioned Feb- 
ruary 2, 1795; entered upon duties February 2, 1795; 
served through remainder of the administration. 

Secretary of "War. 

Henry Knox, of Massachusetts, continued from last admin- 
istration; resigned December 28, 1794; served to Decem- 
ber 31, 1794. 

Timothy Pickering, of Pennsylvania, nominated, confirmed 
and commissioned January 2, 1795; entered upon duties 
January 2, 1795; commissioned Secretary of State De- 
cember 10, 1795. 



52 Executive Kegister of the United States 

Timothy Pickering, of Pennsylvania (Secretary of State), 

ad interim December 10, 1795, to February 5, 1796. 
James McPIenry, of Maryland, nominated Jannary 26, 

1796; confirmed and commissioned Jannary 27, 1796; 

entered npon duties February 6, 1796; served through 

remainder of the administration. 

Attorney General. 

Edmund Eandolph, of A^irginia, continued from last ad- 
ministration; comxinissioned Secretary of State January 
2, 1794. 

William Bradford, of Pennsylvania, nominated January 
24, 1794; confirmed and commissioned January 27, 1794; 
entered upon duties January 29, 1794; died August 23, 
1795. 

Charles Lee, of Virginia, nominated December 9, 1795 ; 
confirmed and commissioned December 10, 1795; en- 
tered upon duties same day; served through remainder 
of the administration. 

Postmaster General. 

Timothy Pickering, of Pennsylvania, continued from last 
administration; recommissioned during recess of the 
Senate June 1, 1794, under act of May 8, 1794; nomi- 
nated December 10, 1794; confirmed and recommis- 
sioned December 11, 1794; commissioned Secretary of 
AVar January 2, 1795. 

Joseph Habersham, of Georgia, nominated February 24, 
1795; confirmed and commissioned February 25, 1795; 
served through remainder of the administration. 

[United States Statutes at Large, Vol. 1, p. 415.] 

Feb. 13, 1795. ^^ap. XXI. — An Act to amend the act intituled "An act 
Act of May 8^ m2, ,,^^^.^-^^ alterations in the Treasury and War departments." 

iXTlpirt^entl ^^ ^^ enacted hy the Seriate and House of Representatives 

President torn of the United States of America in Congress assemUed, That 

in case of vacancy in the office of Secretary of State, Secre- 



The Administration of George Washington 53 

tary of the Treasury, or of the Secretary of the department 
of War, or of any officer of either of the said departments, 
whose appointment is not in the head thereof, whereby they 
cannot perform the duties of their said respective offices; it 
shall he lawful for the President of the United States, in case 
he shall think it necessary, to authorize any person or per- 
sons, at his discretion, to perform the duties of the said 
respective offices, until a successor be appointed, or such 
vacancy be filled : Provided, That no one vacancy shall be sup- proviso, 
plied, in manner aforesaid, for a longer term than six months. 
Approved, February 13, 1795. 



THE ADMINISTEATIOK 
OF 

JOHN ADAMS 

March 4, 1797, to March 3, 1801 



S. Doc. 196, 58-3—05 5 



56 



Executive Kegister of the United States 





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The Administration of John Adams 57 



John Adams, Massachusetts. 
Thomas Jefpeeson, Virginia. 
March 4, 1797, to March 3, 1801. 

Seceetaey of State. 

Timothy Pickeeing, of Pennsylvania, continued from last 
administration; resignation requested May 10, 1800; 
he declined to resign, and was dismissed May 13, 1800. 

Chaeles Lee, of Virginia (Attorney General), ad interim 
May 13, 1800 to June 6, 1800. 

John Maeshall, of Virginia, nominated May 12, 1800; con- 
firmed and commissioned May 13, 1800; entered upon 
duties June 6, 1800; commissioned Chief Justice of the 
United States January 31, 1801; accepted Fehruary 4, 
1801. 

Samuel Dextee, of Massachusetts (Secretary of War), was 
" authorized and requested " by the President on Jan- 
uary 31, 1801, "to execute the office of Secretary of 
State so far as to affix the seal of the United States to 
the enclosed commission to the present Secretary of 
State, John Marshall, of Virginia, to be Chief Justice 
of the United States, and to certify in your own name 
on the commission as executing the office of Secretary 
of State pro Tiac vice." 

John Maeshall, of Virginia (Chief Justice of the United 
States), ad interim February 4, 1801, to March 3, 1801. 

Seceetaey of the Teeasuey. 

Olivee Wolcott, Je., of Connecticut, continued from last 
administration; resigned November 8, 1800, to take ef- 
fect December 31, 1800. 

Samuel Dextee, of Massachusetts, nominated December 24, 
1800; confirmed December 31, 1800; commissioned Jan- 
uary 1, 1801; entered upon duties same day; served 
through remainder of the administration. 



58 Executive Kegister of the United States 

Secretary of War. 

James McHenrt, of Maryland, continued from last adminis- 
tration; resigned May 6, 1800, to take effect June 1, 
1800; served to May 31, 1800. 

John Marshall, of Virginia, nominated May 7, 1800; de- 
clined, and was nominated as Secretary of State May 
12, 1800. 

Benjamin Stoddert, of Maryland (Secretary of the Navy), 
ad interim June 1, 1800 to June 12, 1800. 

Samuel Dexter, of Massachusetts, nominated May 12, 1800; 
confirmed and commissioned May 13, 1800; entered 
upon duties June 12, 1800; commissioned Secretary of 
the Treasury, January 1, 1801. 

Lucius H. Stockton, of New Jersey, nominated January 11, 
1801; nomination withdrawn at request of Stockton 
January 29, 1801. 

Samuel Dexter, of Massachusetts (Secretary of the Treas- 
ury), ad interim January 1, 1801, to close of the ad- 
ministration. 

Roger Grisavold, of Connecticut, nominated January 29, 
1801; confirmed and commissioned February 3, 1801; 
declined. 

Attorney General. 

Charles Lee, of Virginia, continued from last administra- 
tion; served to March 3, 1801; commissioned Chief 
Judge of the 4th Circuit February 20, 1801. 

Theophilus Parsons, of Massachusetts, nominated Febru- 
ary 18, 1801; confirmed February 20, 1801; was not com- 
missioned, having declined. 

Postmaster General. 

Joseph Habersham, of Georgia, continued from last admin- 
istration; served through this administration. 

Seceetary of the Navy.* 
George Cabot, of Massachusetts, nominated May 1, 1798; 
confirmed and commissioned May 3, 1798; declined 
May 11, 1798. 

*The Navy Department was established by act of April 30, 1798. 



The Administration of John Adams 59 

Benjamin Stoddert, of Maryland, nominated May 18, 1798; 
confirmed and commissioned May 21, 1798; entered upon 
duties June 18, 1798; served through remainder of the 
administration. 

[United States Statutes at Large, Vol. 1, p. 553.] 

Chap. XXXV. — An Ad to establish an Executive depart- April so, i798. 
ment, to he denominated the Department of the Navy. 

Section 1. Be it enacted hy the Senate and House of 
Representatives of the United States of America in Congress 
assembled, That there shall he an executive department Department of the 
under the denomination of the Department of the Navy, ^^^^' 
the chief officer of which shall be called the Secretary of the secretary of the 
Navy, whose duty it shall be to execute such order's as he ^^"^'-^^^ <^"*y- 
shall receive from the President of the United States, rela- 
tive to the procurement of naval stores and materials and 
the construction, armament, equipment and employment 
of vessels of war, as well as all other matters connected with 
the naval establishment of the United States. 

Sec. 2. And he it further enacted, That a principal clerk jje may appoint 
and such other clerks as he shall think necessary, shall be °^®'"'^^- 
appointed by the Secretary of the Navy, who shall be em- 
ployed in such manner as he shall deem most expedient. 
In case of vacancy in the office of the secretary, by removal 
or otherwise, it shall be the duty of the principal clerk to 
take the charge and custody of all the books, records and 
documents of the said office. 

Sec. 3. And he it further enacted, That the Secretary of He may take pos- 
the Navy be and he is hereby authorized and empowered, &cf hfthl war °°''^' 
immediately after he shall be appointed and shall enter upon ^o^hTs (kmrtmelft*'^ 
the duties of his office, to take possession of all the records, 
books and documents and all other matters and things ap- 
pertaining to this department, which are now deposited in 
the office of the Secretary at War. 

Sec. 4. And he it further enacted, That there shall be g^j^^^y ^j ^^^ g^^^g. 
allowed to the Secretary of the Navy an annual salary of ^^''y ^"<^ ^'^^ '^''^'■''^■ 
three thousand dollars, payable quarter yearly at the treas- 
ury of the United States, and the respective clerks m the 
office of the said department shall receive the same compen- 



60 Executive Kegister of the United States 

sations and be subject to the same regulations, as are pro- 
vided by an act, supplemental to the act, establishing the 
treasury department, and for a further compensation to 
certain officers, in the offices of the other executive depart- 
ments. 
Part of the act Scc. 5. And 1)6 it furtlicr enacted, That so much of an act, 
ostabiishvng^the War g^^^^^^g^ « j^^ ^ct to establish an executive department, to be 
i789rc^h.i: denominated the department of war," as vests any of the 
powers contemplated by the provisions of this act, in the 
Secretary for the department of War, shall be repealed, from 
and after the period when the Secretary of the Navy shall 
enter on the duties of his office. 
Approved, April 30, 1798. 

[United States Statutes at Large, Vol. 1, p. 733.] 
March 2, 1799. Chap. XLIII. — An Act to establish the Post-Office of the 
United States. 
Repealed April 30 Sectiou 1. Bc it cuactcd % the Senate and House of 
Act of March 3*^\'s25 Representatives of the United States of America in Congress 
ch- 65. assembled, That there be established at the seat of govern- 
Generai post-ofSce to ment of the United States, a General Post-office, under the 
' direction of a Postmaster General. 

In case of vacancy ProvidcdyThat in casc of the death, resignation, or removal 

on his assistant, from officc of the Postmastcr General, all his duties shall 

be performed by his assistant, until a successor shall be 

appointed and arrive at the general post-office to perform 

the business. 

:^ ^ ^ ii: d: ^ ^ 

Sec. 31. And be it further enacted, 

******* 

Provided also. That the Postmaster General, deputy post- 
masters, contractors for carrying the mail, and others em- 
ployed under the aforesaid acts, shall continue to hold their 
several offices, appointments and trusts, until they are other-, 
wise removed; any thing herein contained that might be con- 
strued to the contrary notwithstanding; 

***** * * 

Approved, March 2, 1799. 



THE ADMINISTEATION 
OF 

THOMAS JEFFERSON 

FIRST TERM 
March 4, 1801, to March 3, 1805. 



62 



Executive Eegister of the United States 



ELECTION FOR THE EOUETH TERM, COMMENCING 4th MARCH, 1801, 
AND TERMINATING 3bd MARCH, 1805. 






16 
4 
9 
4 

13 
7 

15 



21 
4 

12 
3 



STATES. 



New Hampshire 
Massachusetts. . 
Rhode Island. . . 
Connecticut .... 

Vermont 

New York 

New Jersey .... 
Pennsylvania. . . 
Delaware .... 

Maryland 

Virginia 

Kentucky 

North Carolina. 

Tennessee 

South Carolina . 
Georgia 



138, whole number; 

necessary to elect, 70. 



5 O 



13 



.5 

21 

4 

8 
3 
8 
4 



S^ 



12 



5 

21 
4 
8 
3 
8 
4 



73 



16 
4 



6.5 






6 
16 
3 
9 
4 



64 






electioin" of the peesident in the house 
op eepeesentatives. 

Jefferson and Burr having an equal number of electoral 
votes, and consequently there being no choice, the House 
of Eepresentatives proceeded on Pebruary 11, 1801, to choose 
a President in the manner prescribed by the Constitution. 
The first ballot resulted in the votes of eight states for 
Jefferson, six states for Burr, and the votes of two states 
divided. The balloting continued until February 17, when 
thirty-five ballots had been taken without any change in the 
vote. On the thirty-sixth ballot one Federalist from Ver- 



The Administration of Thomas Jefferson 63 

mont withdrew, leaving a Eepublican to vote for that state; 
four Federalists from Maryland put in blanks, leaving the 
four Eepublicans to vote for that state; and the votes of 
South Carolina and Delaware were cast in blank. The re- 
sult was the votes of New York, New Jersey, Pennsylvania, 
Virginia, North Carolina, Georgia, Tennessee, Kentucky, 
Vermont, and Maryland (ten states) were cast for Thomas 
Jefferson, of Virginia; the votes of New Hampshire, Massa- 
chusetts, Connecticut, and Ehode Island (four states) for 
Aaron Burr, of New York; and South Carolina and Dela- 
ware (two states) blank. The Speaker then announced that 
Thomas Jefferson, of Virginia, had been elected President of 
the United States for the term of four years commencing 
on the 4th of March, 1801. 



G4: Executive Kegistee of the United States 



Thomas Jefferson, Virginia. 
Aaeon Burr, New York. 
March 4, 1801, to March 3, 1805. 

Secretary of State. 

John Marshall*, of Virginia (Chief Justice of the United 
States), ad interim March 4, 1801. 

Levi Lincoln, of Massachusetts (Attorney General), ad 
interim March 5, 1801, to May 1, 1801. 

James Madison, of Virginia, nominated, confirmed and 
commissioned March 5, 1801; entered upon duties May 
2, 1801; served through remainder of the administra- 
tion. 

Secretary of the Treasury. 

Samuel Dexter, of Massachusetts, continued from last ad- 
ministration; resigned March 30, 1801, to take effect 
April 20, 1801; served to May 6, 1801. 

Albert Gallatin, of Pennsylvania, commissioned (recess 
of the Senate) May 14, 1801; entered upon duties same 
day; nominated January 6, 1802; confirmed and recom- 
missioned January 26, 1802; served through remainder 
of the administration. 

Secretary of War. 

Henry Dearborn, of Massachusetts, nominated, confirmed 
and commissioned March 5, 1801; entered upon duties 
same day; served through remainder of the adminis- 
tration. 

* For the special purpose of countersigning some sea letters 
for use after March 4, 1801. (Jefferson to Marshall, March 2, 
1801, Jefferson's Works, Vol. IV., p. 364.) 



The Administration of Thomas Jefferson 65 

Attorney General. 

Levi Lincoln, of Massachusetts, nominated, confirmed and 
commissioned March 5, 1801; entered npon duties same 
day; resigned December 26, 1804, to take effect De- 
cember 31, 1804, to which date he served. 

Robert Smith, of Maryland, nominated and confirmed 
March 2, 1805; commissioned March 3, 1805. Did not 
take office as Attorney General, but continued as Sec- 
retary of the Navy. 

Postmaster General. 

Joseph Habersham, of Georgia, continued from last ad- 
ministration; resigned and served to November 2, 1801. 

Gideon Granger, of Connecticut, commissioned (recess of 
the Senate) November 28, 1801; entered upon duties 
same day; nominated January 6, 1802; confirmed and 
recommissioned January 26, 1802; served through re- 
mainder of the administration. 

Secretary of the Navy. 

Benjamin Stoddert, of Maryland, continued from last ad- 
ministration; resigned February 18, 1801, to take effect 
in March; served to March 31, 1801. 

Henry Dearborn, of Massachusetts (Secretary of War), 
ad interim April 1, 1801, to July 17, 1801. 

General Samuel Smith, a member of the House of Eepre- 
sentatives from Maryland, was in reality in charge of 
Naval Affairs from March 31 to June 13, 1801, while 
General Dearborn was nominally Secretary of the Navy 
ad interim. 

Egbert Smith, of Maryland, commissioned (recess of the 
Senate) July 15, 1801; entered upon duties July 27, 
1801; nominated January 6, 1802; confirmed and re- 
commissioned January 26, 1802; nominated and con- 
firmed as Attorney General March 2, 1805; commis- 
sioned March 3, 1805; did not take office as Attorney 
General, but continued as Secretary of the Navy through 
the remainder of the administration. 



66 Executive Eegister of the United States 

Jacob Crowninshield, of Massachusetts, nominated and 
confirmed Marcli 2, 1805; commissioned March 3, 1805; 
declined, and Eobert Smith continued as Secretary of 

the Kavy. 

[United States Statutes at Large, Vol. II, p. 295.] 
March 26, 1804. Chap. L. — An Ad supplementary to the act intituled "An 
Twelfth amendmont flcif vcUtive to the eUctiou of a President and Vice President 
oftL"u.Tates."'2"2!o/ the United States, and declaring the officer who shall act 
as President, in case of vacancies in the offices both of Presi- 
dent and Vice President." 
Act of March 1, 1792, Be it cuacted by the Senate and House of Representatives 
ch. 8, vol. 1, 239. ^y, ^^^^ United States of America in Congress assembled, That 
whenever the amendment proposed during the present ses- 
sion of Congress, to the constitution of the United States, 
respecting tlie manner of voting for President and Vice- 
President of the United States, shall have been ratified by 
the legislatures of three fourths of the several states, the 
The, secretary ot Secretary of State shall forthwith cause a notification thereof 

state to notify the , ■, i x j.i j_- j? x j. t i n i 

executives of tiie to 06 made to tlic cxecutivc ot cvcry state, and shall also 

proposed amendment ,n , ^ itit- , ^ , en 

when ratified and to cause the Same to DC published, m at least one oi the news- 
pu IS le . pg^pgpg printed in each state, in which the laws of the United 
States are annually published.* The executive authority of 
Transcripts of the cRcli statc shall causc a trauscript of the said notification to 
delivered to the be delivered to the electors appointed for that purpose, who 
give their votes shall first thereafter meet in such state, for the election 
tiie amenctaint! of a President and Vice President of the United States: 
and whenever the said electors shall have received the said 
transcript of notification, or whenever they shall meet more 
than five days subsequent to the publication of the ratifi- 
cation of the above-mentioned amendment, in one of the 
s newspapers of the state, by the Secretary of State, they shall 

vote for President and Vice President of the United States, 
respectively, in the manner directed by the above-men- 
tioned amendment, and having made and signed three certi- 

* The amendment was proposed in October, 1803, and was rati- 
fied before September, 1804. 



The Administration of Thomas Jefferson 67 

ficates of all the votes given by them, each of which certifi.- How certificates 

cate shall contain two distinct lists, one, of the votes given are to be made, 

for President, and the other, of the votes given for Vice 

President: they shall seal up the said certificates, certifying 

on each, that lists of all the votes of svich state given for 

President, and of all the votes given for Vice President, is 

contained therein, and shall cause the said certificates to be 

transmitted and disposed of, and in every other respect act 

in conformity with the provisions of the act to which this is 

a supplement. And every other provision of the act to Provisions of 

Avhich this is a supplement, and which is not virtually re- inconsistent with 

pealed by this act, shall extend and apply to every election to aii future 

of a President and Vice President of the United States, 

made in conformity to the above-mentioned amendment to Act of March i, 

the constitution of the United States. i, 239. 

And whereas, the above-mentioned amendment may be rat- 
ified by the legislatures of three fourths of the states, and 
thereupon become immediately valid, to all intents and pur- 
poses, as part of the constitution, on a day so near the day 
fixed by law for the meeting of the electors in the several 
states, that the electors shall not in every state be apprised 
of the said ratification, and may vote in a manner no longer 
conformable with the constitution, as amended, whereby 
several states might be deprived of their vote in the election 
of a President and Vice President : for remedy whereof, 

Sec. 2. Be it further enacted, That the electors who shall Eiectorg to vote 

, • J 1 • 1 I I p 11 1 j_- p -r> • 1 1. t>y distinct ballots 

be appointed m each state lor the election ot a President for president and 
and Vice President of the United States, shall at every such according- to the 
election, unless they shall have received a transcript of the art. of the consti- 

i-n !• -c XT, J.-J2 J.- i! j-T, 1, X' J tution, and accord- 

notification ot the ratification ot the above-mentioned jng to the proposed 
amendment to the constitution, or unless they shall meet they"b™uninformed 
more than five days subsequent to the publication of the said ?he*^fete^of the 
ratification by the Secretary of State, in one of the news- a™^"^*^"^" •" 
papers of the state, vote for President and Vice President 
of the United States, in the following manner, that is to say : 
they shall vote for two persons as President and Vice Pres- 
ident, in conformity with the first section of the second ar- 
ticle of the constitution. And in other respects act in con- 



68 Executive Kegistek of the United States 

And to make returns formity witli the provisions of the act to which this act 
accordingly. .^ ^ supplement; and they shall likewise vote for one person 
as President, and for one person as Vice President, in con- 
formity with the above-mentioned amendment of the con- 
stitution; and in other respects act in conformity with the 
provisions of the first section of this act. But those certifi- 
which of these arc catcs ouly, of votcs givcn for President and Vice President 
opned am^ of the United States, shall be opened by the president of the 
Senate, for the purpose of being counted, which shall con- 
tain the list or lists of votes given in conformity with the 
constitution, as in force on the day fixed by law for the 
meeting of the electors, by whom the said votes shall have 
been given. 
In case of a vote Sec. 3. And he it further enacted, That whenever, by the 
™ '^ tion of the u. provisious of the second section of this act, it shall be the 

states, as it now . „, ,, „ j.j.x x- M -x 

stands, and one duty of the electors f or any state, to vote m coniormity, 
' amendmlnt°pro^ botli with the constitutiou, and of the proposed amendment 
eiectms'toVe°given thereto, the cxccutive authority of such state shall cause 
° one of^these' lists six lists of the iiaiues of the electors for the state, to be 
made and certified, and to be delivered to the said electors, 
on or before the day fixed by law for them to meet and 
and vote for President and Vice President; and the said 
electors shall enclose one of the said lists in each of the 
certificates by them made and sealed, in conformity with the 
provisions of this act, and of the act to which this is a sup- 
plement. 

Approved, March 26, 1804. 

AETICLE XII. OF THE AMENDMENTS TO THE 
CONSTITUTION OF THE UNITED STATES. 

The Electors shall meet in their respective states, and 
vote by ballot for President and Vice President, one of 
whom, at least, shall not be an inhabitant of the same state 
with themselves; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the per- 
son voted for as Vice-President, and they shall make dis- 
tinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of 



The Administration of Thomas Jefferson 69 

votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the government of the United 
States, directed to the President of the Senate; — The Pres- 
ident of the Senate shall, in the presence" of the Senate and 
House of Eepresentatives, open all the certificates and the 
votes shall then be counted ; — The person having the greatest 
number of votes for President, shall be the President, if 
such number be a majority of the whole number of Electors 
appointed; and if no person have such majority, then from 
the persons having the highest numbers not exceeding three 
on the list of those voted for as President, the House of 
Eepresentatives shall choose immediately, by ballot, the 
President. But in choosing the President, tlie votes shall 
be taken by States, the representation from each state having 
one vote; a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the states, and a major- 
ity of all the states shall be necessary to a choice. And it 
the House of Eepresentatives shall not choose a President 
whenever the right of choice shall devolve upon them, be- 
fore the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death 
or other constitutional disability of the President. — The 
person having the greatest number of votes as Vice-Presi- 
dent, shall be the Vice-President, if such number be a 
majority of the whole number of Electors appointed, and if 
no person have a majority, then from the two highest num- 
bers on the list, the Senate shall choose the Vice-President; 
a quorum for the purpose shall consist of two-thirds of the 
whole number of Senators, and a majority of the whole 
number shall be necessary to a choice. But no person con- 
stitutionally ineligible to the office of President shall be elig- 
ible to that of Vice-President of the United States. 

Note. — The Twelfth Amendment was declared in a proclamation 
of the Secretary of State, dated September 25, 1804, to have been 
ratified by the legislatures of three-fourths of the States. 



THE ADMINISTEATION" 
OF 

THOMAS JEFFERSON 

SECOND TEEM 
March 4, 1805, to March 3, 1809 



S. Doc. 196, 58-3—05 6 



n 



Executive Eegister of the United States 



ELECTION FOR THE FIFTH TERM, COMMENCING 4th MARCH, 1805, 
AND TERMINATING 3rd MARCH, 1809. 



a ® 



7 

19 

4 

9 

6 

19 

8 

20 

3 

11 

24 

14 

10 

6 

5 



STATES. 



New Hampshire 
Massachusetts . 
Rhode Island . . 
Connecticut . . . 

Vermont 

New York. . . . 
New Jersey. . . . 
Pennsylvania . . 

Delaware 

Maryland 

Virginia 

North Carolina 
South Carolina. 

Georgia 

Tennessee 

Kentucky 

Ohio 



1 76, whole number ; 

necessary to elect, 89. 



President. Vice-Pres't. 



£.5 

O =*-! 

si O 



7 

19 

4 

6 
19 

8 
20 

9 

24 

14 

10 

6 

.5 



16S 



.M cS 



14 



5 !>^ 

® (D 

O =H 

0) o 



7 

19 

4 

6 
19 

8 
20 

9 

24 

14 

10 

6 

5 

8 

3 



162 



1^ 

3 ^ 

3 O 



14 



The Administkation of Thomas Jeffekson 73 

Thomas Jeffeeson, Virginia. 

Geokge Clinton, Xsw York. 

March 4, 1805, to March 3, 1809. 

Secketary of State. 

James Madison, of Virginia, continued from last admin- 
istration, served to March 3, 1809; inaugurated Presi- 
dent March 4, 1809. 

Secretaey of the Treasury. 

Albert Gallatin, of Pennsylvania, continued from last 
administration; served through this administration. 

Secretary of War. 

Henry Dearborn, of Massachusetts, continued from last 
administration; resigned and served to February 16, 
1809. 

John Smith (Chief Clerk), ad interim February 17, 1809, 
to close of the administration. 

Attorney General. 

John Breckenridge, of Kentucky, commissioned (recess of 
the Senate), August 7, 1805; entered upon duties same 
day; nominated December 20, 1805; confirmed and re- 
commissioned December 23, 1805; died December 14, 
1806. 

Caesar A. Rodney, of Pennsylvania, nominated January 15, 
1807; confirmed and commissioned January 20, 1807; 
served through remainder of the administration. 

Postmaster General. 

Gideon Granger, of Connecticut, continued from last ad- 
ministration; served through this administration. 

Secretary of the Kavy. 

Robert Smith, of Maryland, continued from last adminis- 
tration; served through this administration. 



THE ADMINISTRATION 
OF 

JAMES MADISON 

FIRST TERM 
March 4, 1809, to March 3, 181S 



76 



Executive Register of the United States 



ELECTION FOR THE SIXTH TERM, COMMENCING 4th MARCH, 1809, 
AND TERMINATING 3bd MARCH, 1813. 



55 



7 

19 

4 

9 

6 

19 

8 

20 

3 

11 

24 

14 

10 

6 

7 

5 

3 



STATES. 



New Hampshire . . . 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New Yoriv 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia , 

North Carolina . . . . 
South Carolina . . . . 

Georgia 

Kentucliy 

Tennessee 

Ohio 



175, whole number; 

necessary to eiect, 88. 



President. 



I -a 

dq-i 



6 
13 

8 
30 

9 

34 

11 

10 

6 

7 

.5 

3 



132 



a> o 



47 



Vice President. 



5^ 



® o 



13 

8 
30 

9 

34 

11 

10 

6 

7 

.5 



113 



MIS 



2.S 
a a 



OS ? 



s ^ 

d o 



7 

19 

4 



47 



The Administration of James Madison 77 



James Madison^ Virginia. 

George Clinton^ New York (Died April 20, 1813). 
William H. Crawford, Georgia (President fro tempore of 
the Senate). 

March 4, 1809, to March 3, 1813. 

Secretary of State. 

KoBERT Smith, of Maryland, nominated, confirmed and com- 
missioned March 6, 1809; entered upon duties same day; 
served to March 31, 1811; resigned April 1, 1811. 

James Monroe, of Virginia, commissioned (recess of the 
Senate) April 2, 1811; entered upon duties April 6, 
1811; nominated November 13, 1811; confirmed No- 
vember 25, 1811; re-commissioned November 26, 1811; 
served through remainder of the administration. 

Secretary of the Treasury. 

Albert Gallatin, of Pennsylvania, continued from last ad- 
ministration; served through this administration. 

Secretary of War. 

John Smith (Chief Clerk), ad interim from last administra- 
tion to April 7, 1809. 

William Eustis, of Massachusetts, nominated March 6, 
1809; confirmed and commissioned March 7, 1809; en- 
tered upon duties April 8, 1809; resigned December 3, 
. 1812; served to December 31, 1812. 

James Monroe, of Virginia (Secretary of State), ad interim 
January, 1, 1813, to February 4, 1813. 

John Armstrong, of New York, nominated January 8, 1813; 
confirmed and commissioned January 13, 1813; entered 
upon duties February 5, 1813; served through remain- 
der of the administration. 



^8 Executive Eegister of the IJnited States 

Attorney General. 

Caesae a. Rodney, of Pennsylvania, continued from last ad- 
ministration; served to December 5, 1811, when he re- 
signed. 

William Pinkney, of Maryland, nominated December 10, 
1811; confirmed and commissioned December 11, 1811; 
entered npon duties January 6, 1813; served through 
remainder of the administration. 

Postmaster General. 

Gideon Granger, of Connecticut, continued from last ad- 
ministration; served through this administration. 

Secretary of the Navy. 

Robert Smith, of Maryland, continued from last adminis- 
tration; served to March 7, 1809; commissioned Secre- 
tary of State March 6, 1809. 

Charles W. Goldsborough (Chief Clerk), ad interim, 
March 8, 1809, to May 11, 1809. 

Paul Hamilton, of South Carolina, nominated, confirmed 
and commissioned March 7, 1809; entered upon duties 
May 15, 1809; resigned December 30, 1812; served to 
December 31, 1812. 

Chakles W. Goldsborough (Chief Clerk), ad interim Jan- 
uary 7, 1813 to January 18, 1813. ' 

William Jones, of Pennsylvania, nominated January 8, 
1813; confirmed and commissioned January 12, 1813; 
entered upon duties January 19, 1813; served through 
remainder of the administration. 

[United States Statutes at Large, Vol. 2, p. 592.] 

April 30, 1810. Chap. XXXVII. — An Act regulating the Post-office Es- 
tablishment. 

Repealed by act of Be it enacted hy the Senate and House of Representatives 

March 3, 1825, ch. 64. j: ,7 7-7 -j 7 cyj j r a • ■ ^ , 

Of the United btates of America m Congress ossemhied. That 
there be established, at the seat of government of the United 



The Administration of James Madison 79 

States, a general post-office, under the direction of a Post- General post-omce 
master-General. The Postmaster-General shall appoint two the seat of 

government. 

assistants, and such clerks as may be necessary, for perform- Duties of the 

,11 . PI- ni Postmaster-General. 

mg the business oi his othce. 

******* 

Provided, that in case of the death, resignation or re- 
moval from office of the Postmaster-General, all his duties 
shall he performed by his senior assistant, until a successor 
shall be appointed and arrive at the general post-office to 
perform the business. 

***** * * 

Sec. 42. And le it further enacted, * * 

* * * * * * * 

Provided Wkeivise, that the Postmaster-General, assistant officers of the post- 
Postmaster-General, deputy postmasters, contractors for car- hSTthe?r offices* *° 
rying the mail, and others employed under the aforesaid removed!^'^'^^ 
acts, shall continue to hold their several offices, appoint- 
ments and trusts, until they are otherwise removed; any 
thing herein contained that might be construed to the con- 
trary notwithstanding; * * * * 
******* 

Approved, April 30, 1810. 



THE ADMINISTEATION 
OF 

JAMES MADISON 

SECOND TEEM 
March 4, 1813, to March 3, 1817 



82 



Executive Kegister of the United States 



ELECTION FOR THE SEVENTH TERM, COMMENCING 4th MARCH, 
1813, AND TERMINATING 3rd MARCH, 1817. 





STATES. 


President. 


V. President. 


O 
o g 

b. o 


d 
2. ^ 

'•3 'S 

io 


« o 

p 




,-r '3 
is >» 

to fl 

a 

1-5 


8 


New Hampshire 


8 

25 

6 
25 
15 
11 

8 
12 
8 
7 
3 


8 

22 

4 

9 

29 

8 

4 

5 


1 

2 

8 

25 

6 
25 

15 
11 

8 

12 

8 

7 
3 


7 


22 


Massachusetts 


20 


4 
9 


Rhode Island 

Connecticut 


4 
9 


8 


Vermont 




29 


New York 


29 


8 


New Jersey 


8 


25 


Pennsylvania 




4 


Delaware 


4 


11 


Maryland 


5 


25 


Virginia 




15 


North Carolina 










11 


South Carolina 




8 


Georgia 




12 


Kentucky .... 




8 


Tennessee 




7 


Ohio 




3 


Louisiana 












217, 


whole number; 
necessary to elect, 109. 


128 


89 


131 


86 



The Administration of James Madison 33 



James Madison, Virginia. 

Elbeidge Gerry, Massachusetts (Died jSTovember 23, 1814). 
John GtAILLAed, South Carolina (President pro tempore ol 
the Senate). 

March 4, 1813, to March 3, 1817. 

Secretary of State. 

James Monroe, of Virginia, continued from last adminis- 
tration; served to September 30, 1814; confirmed as 
Secretary of War September 27, 1814. 

James Monroe, of Virginia (Secretary of War), ad interim 
October 1, 1814, to February 28, 1815. 

James Monroe, of Virginia, nominated February 27, 1815; 
confirmed and commissioned February 28, 1815; served 
to March 3, 1817; inaugurated President March 4, 1817. 

Secretary of the Treasury. 

Albert Gallatin, of Pennsylvania, continued from last 
administration; while holding this office, he was com- 
missioned Envoy Extraordinary and Minister Plenipo- 
tentiary on April 17, 1813, with John Quincy Adams 
and James A. Bayard, to negotiate a peace with Great 
Britain. He left Washington April 21, 1813, and his 
nomination as such was rejected by the Senate July 19, 
1813. On February 9, 1814, his seat as Secretary of 
the Treasury was declared vacant because of his ab- 
sence in Europe, and on the same day he was reap- 
pointed Envoy Extraordinary and Minister Plenipoten- 
tiary to Great Britain. 

William Jones, of Pennsjdvania (Secretary of the Navy), 
ad interim April 21, 1813, to February 9, 1814. 

George W. Campbell, of Tennessee, nominated February 
8, 1814; confirmed and commissioned February 9, 1814; 



84 Executive Kegister of the United States 

entered upon duties same day; served to September 26, 
1814, on which day he resigned. 

Alexander J. Dallas, of Pennsylvania, nominated Octo- 
ber 5, 1814; confirmed and commissioned October 6, 
1814;' entered npon duties October 14, 1814; resigned 
April 8, 1816 ; to take effect October 1, 1816 ; served to 
October 21, 1816. 

William H. Crawford, of Georgia, commissioned (recess of 
the Senate), October 22, 1816; entered upon duties 
same day; served .through remainder of the administra- 
tion. 

Secretary of War. 

John Armstrong, of Xew York, continued from last admin- 
istration; resigned August 29, 1814; not accepted, served 
to August 30, 1814. 

James Monroe, of Virginia (Secretary of State), ad interim 
August 30, 1814, to September 30, 1814. 

James Monroe, of Virginia, nominated September 26, 1814 ; 
confirmed September 27, 1814; qualified October 1, 1814; 
served to February 28, 1815, when he was commissioned 
Secretary of State. 

James Monroe, of Virginia (Secretary of State), ad interim 
March 1, 1815 to March 14, 1815. 

Henry Dearborn, of Massachusetts (Major General of the 
i\rmy), nominated March 1, 1815; nomination with- 
drawn March 2, 1815. 

ALEXiVNDER J. DALLAS, of Pennsylvania (Secretary of the 
Treasury) ad interim March 14, 1815, to August 8, 
1815. 

William H. Crawford, of Georgia, nominated March 2, 
1815; confirmed March 3, 1815; commissioned August 
1, 1815; entered upon duties August 8, 1815; served to 
October 21, 1816; commissioned Secretary of the Treas- 
ury October 22, 1816. 
George Graham (Chief Clerk), ad interim October 22, 
1816, to close of the administration. 



The Administration of James Madison 85 

Attorney General. 

William Pinkney^ of Maryland, continued from last ad- 
ministration; resigned January 35, 1814; served to Feb- 
ruary 10, 1814. 

EiCHARD EusH, of Pennsylvania, nominated February 8, 
1814; confirmed and commissioned February 10, 1814; 
entered upon duties February 11, 1814; served througb 
remainder of the administration. 

Postmaster General. 

Gideon Granger, of Connecticut, continued from last ad- 
ministration; served to February 25, 1814. 

Eeturn J. Meigs^ Jr.^ of Ohio, nominated February 35, 
1814; confirmed and commissioned March 17, 1814; 
entered upon duties April 11, 1814; served through re- 
mainder of the administration. 

Secretary op the ISTavy. 

William Jones^ of Pennsylvania, continued from last ad- 
ministration; resigned September 11, 1814, to take ef- 
fect December 1, 1814; served to December 1, 1814. 

Benjamin Homans (Chief Clerk), ad interim December 3, 
1814, to January 15, 1815. 

Benjamin W. Crowninshield, of Massachusetts, nominated 
December 15, 1814; confirmed and commissioned De- 
cember 19, 1814; entered upon duties January 16, 1815; 
served through remainder of the administration. 



THE ADMINISTRATION 

OF 

JAMES MONEOE 

FIRST TERM 
March 4, 1817, to March 3, 1831 



S. Doc. 196, 58-3—05 -7 



Executive Register of the United States 



ELECTION FOR THE EIGHTH TERM, COMMENCING 4th MARCH, 1817, 
AND TERMINATING 3iiD MARCH, 1831. 



X! O 



22 
4 
9 

8 
29 

8 
25 

3 

8 
25 
15 
11 

8 
12 



STATES. 



New Hampshire 
Massachusetts. . 
Rhode Islard. . . 
Connecticut. . . . 

Vermont 

New Torli 

New Jersey .... 
Pennsylvania. . . 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina. 

Georgia, 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Indiana 



217, whole number; 

necessary to elect, 109. 



President 



o oS 

5 -a 



183 



b£0 

(D 
■■W«H 

3 O 



34 



Vice President. 



P. • 



3 o 
P 



183 



^ C 

O OS 

h5 



23 



22 



pi d 



•So 






The Administeation of James Moneoe 89 



James Monroe, Virginia. 
Daniel D. Tompkins, ISTew York. 
March 4, 1817, to March 3, 1821. 

Secretary of State. 

John G-raham (Chief Clerk), ad interim March 4, 1817, 
to March 10, 1817. 

EiCHARD EusH, of Pennsylvania (Attorney General), ad in- 
terim March 10, 1817, to September 32, 1817. 

John Quincy Adams, of Massachusetts, nominated, con- 
firmed and commissioned March 5, 1817; entered upon 
duties September 22, 1817; served through remainder 
of the administration. 

Secretary of the Treasury. 

William H. Crawford, of Georgia, continued from last 
administration; nominated, confirmed and recommis- 
sioned March 5, 1817; served through remainder of the 
administration. 

Secretary of War. 

George Graham (Chief Clerk), ad interim from last admin- 
istration to December 9, 1817. 

Isaac Shelby, of Kentucky, nominated, confirmed and com- 
missioned March 5, 1817; declined. 

John C. Calhoun, of South Carolina, commissioned (recess 
of the Senate), October 8, 1817; entered upon duties 
December 10, 1817; nominated December 13, 1817; 
confirmed December 15, 1817; recommissioned Decem- 
ber 16, 1817; served through remainder of the admin- 
istration. 



90 Executive Register of the United States 

Attorney General. 

EiCHARD EusH, of Pennsylvania, continued from last ad- 
ministration ; served to October 30, 1817; appointed En- 
voy Extraordinary and Minister Plenipotentiary to 
England. 

William Wirt, of Virginia, commissioned (recess of the 
Senate), November 13, 1817; entered upon duties No- 
vember 15. 1817; nominated December 12, 1817; con- 
firmed December 15, 1817; recommissioned December 
16, 1817; served through remainder of the adminis- 
tration. 

Postmaster General. 

Return J. Meigs, Jr., of Ohio, continued from last admin- 
istration; served through this administration. 

Secretary of the Navy. 

Benjamin W. Crowninshield, of Massachusetts, continued 
from last administration; resigned, and served to Sep- 
tember 30, 1818. 

John C. Calhoun, of South Carolina (Secretary of War), 
ad interim October 19, 1818, to December 31, 1818. 

Smith Thompson, of New York, commissioned (recess of the 
Senate), November 9, 1818; nominated November 27, 
1818; confirmed and recommissioned November 30, 
1818; entered upon duties January 1, 1819; served 
through remainder of the administration. 



THE ADMINISTEATION 
OF 

JAMES MONEOE 

SECOND TEEM 
March 5, 1831, to March 3, 1835 



92 



Executive Eegister of the United States 



ELECTION FOR THE NINTH TERM, COMMENCING 4th MARCH, 1821, 
AND TERMINATING anD MARCH, 1825. 



3 f^ 



8 

15 

4 



29 

8 

25 

4 

11 

25 

15 

11 

8 

12 

8 

8 

3 

3 

3 

3 

3 

9 

3 



STATES. 



New Hampshire 
Massachusetts. . 
Rhode Island. . . 
Connecticut. . . . 

Vermont 

New Yorli 

New Jersey ... 
Pennsylvania. . . 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina. 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Indiana 

Mississippi 

Illinois 

Alabama 

Maine 

Missouri 



235, whole number; 

necessary to elect, 118. 



President 






7 

15 

4 

9 

8 

29 

8 

24 

4 

11 

25 

15 

11 

8 

12 

7 

8 

3 

3 



231 



CO 



Vice President. 



o o 

03 o 



318 



o 1) 



sZ; 



.Q-4-( 
O O 



3 >> 



O g 
^ 0) 

OS O 

Q 



The Administration of James Monroe 93 

[Counting of the electoral votes, February, 1821.] 

The House of Eepresentatives having rejected the Eeso- 
liition of the Senate declaring the admission of tiie State of 
Missouri into the Union, and objection being made to the 
counting of the votes of that State, the President of the 
Senate, on February 14, 1821, and in pursuance of a resolu- 
tion adopted by the two Houses, announced the state of the 
vote as follows : 

" Were the votes of Missouri to be counted, the result 
would be: For James Monroe, of Virginia, for President of 
the United States, two hundred and thirty-one votes. If 
not counted, for James Monroe, of A^irginia, two hundred 
and twenty-eight votes. For Daniel D. Tompkins, of New 
York, for Vice President of the United States, two hundred 
and eighteen votes: if not counted, for Daniel D. Tompkins, 
of New York, for Vice President of the United States, two 
hundred and fifteen votes. But, in either event, James 
Monroe, of Virginia, has a majority of the votes of the whole 
number of electors for President, and Daniel D. Tompkins, 
of New York, has a majority of the votes, of the whole num- 
ber of electors, for Vice President of the United States." 

" I therefore declare, that James Monroe, of Virginia, is 
duly elected President of the United States, for four years, 
to commence on the fourth day of March, 1821; and that 
Daniel D. Tompkins, of New York, is duly elected Vice 
President of the United States, for the like term of four 
3'ears, to commence on the said fourth day of March, 1821." 

[Miscellaneous Letters to Department of State.] 

Washington Feb. 20th 1821. 
Sir 

I have conversed with my bretheren on the subject you 
suggested when I had the pleasure of seeing you, & will take 
the liberty to communicate the result. 

As the constitution only provides that the President 
shall take the oath it prescribes " before he enter on the 
execution of his office," and as the law is silent on the sub- 



94 



Executive Register of the United States 



ject, the- time seems to be in some measure at the discretion 
of that high officer. There is an obvious propriety in tak- 
ing the oath as soon as it can conveniently be taken, & 
thereby shortening the interval in which the executive power 
is suspended. But some interval is inevitable. The time 
of the actual President will expire, and that of the Presi- 
dent elect commence, at twelve in the night of the 3d of 
March. It has been usual to take the oath at mid day on 
the 4th. Thus there has been uniformly & voluntarily an 
interval of twelve hours during which the Executive power 
could not be exercised. This interval may be unavoidably 
prolonged. Circumstances may prevent the declaration of 
the person, who is chosen imtil it shall be too late to com- 
municate the intelligence of his election until after the 4th 
of March. This occurred at the first election. 

Undoubtedly, on any pressing emergency the President 
might take the oath in the first hour of the 4th of March; 
but it has never been thought necessary so to do, & he has 
always named such hour as he deemed most convenient. If 
any circumstance should render it unfit to take the oath on 
the 4th of March, and the public business would sustain no 
injury by its being deferred till the 5th, no impropriety is 
perceived in deferring it till the 5th. Whether the fact 
that the 4th of March comes this year on sunday be such a 
circumstance may perhaps depend very much on public opin- 
ion and feeling. Of this, from our retired habits, there are 
few perhaps less capable of forming a correct opinion than 
ourselves. Might we hazard a conjecture, it would rather 
be in favor of postponing the oath tUl Monday unless some 
official duty shoidd reqviire its being taken on sunday. But 
others who mix more in society than we do, can give conjec- 
tures on this subject much more to be confided in than ours. 
With very great respect, 
I have the honor to be 

Your obedt. sert. 
J. Marshall 



The Administeation of James Monroe 95 



James Monroe, Virginia. 
Daniel D. Tompkins, New York. 
March 5, 1821, to March 3, 1825. 

Secretaky or State. 

John Quincy Adams, of Massachusetts, contiDued from last 
administration; served to March 3, 1825; inaugurated 
President March 4, 1825. 

Secretary of the Treasury. 

William H. Crawford, of Georgia, continued from last 
administration; served to March 3, 1825, on which day 
he resigned. 

Secretary of War. 

John C. Calhoun, of South Carolina, continued from last 
administration; served to March 3, 1825; inaugurated 
Vice President March 4, 1825. 

Attorney General. 

William Wirt, of Virginia, continued from last administra- 
tion; served through this administration. 

Postmaster General. 

Eeturn J. Meigs, Jr., of Ohio, continued from last adminis- 
tration; resigned to take effect July 1, 1823; served to 
June 30, 1823. 

John McLean, of Ohio, commissioned (recess of the Sen- 
ate) June 26, 1823, to take effect from and after July 
1, 1823; entered upon duties July 1, 1823; nominated 
December 5, 1823; confirmed and recommissioned De- 
cember 9, 1823; served through remainder of the ad- 
ministration. 



96 Executive Eegister of the United States 

Secretary of the Navy. 

Smith Thompson^ of New York, continued from last admin- 
istration; served to August 31, 1823; commissioned 
Associate Justice of the Supreme Court of the United 
States September 1, 1833. 

John Eodgers (Commodore, U. S. Navy, and President of 
the Board of Navy Commissioners) ad interim Septem- 
ber 1, 1823, to September 15, 1823. 

Samuei- L. Southard^ of New Jersey, commissioned (recess 
of the Senate), September 16, 1823; entered upon duties 
same day; nominated December 5, 1823; confirmed and 
recommissioned December 9, 1823; served through re- 
rgainder of the administration. 

[United States Statutes at Large, Vol. 4, p. 102.] 

March 3, 1825. Chap. LXIV. — All Act to reduce into one the several acts 
Act of March i, establishing and regulating the Post-office Department. 
Act of July 2, 1836, ]^g {f enacted hit the Senate and House of Representatives 

ch. 270, ch. 352, -^ ' ^ 

see. 12. of tJig United States of America, in Congress assemtjled, That 

Resolution of ' i ' ^ 

March 2, 183T. there be establislied, at the seat of the government of the 

Act of Jan. 25, ° 

1839, ch. 4. United States, a general post-office, under the direction of a 

Act of March 3, ' & J. ' 

1845, ch. 43. Postmaster General. The Postmaster General shall appoint 

General post-office 
and a Postmaster twO aSSlStauts. 
General provided 

for. ^ ^ ^ 5j, ^ ^ ^ 

Proviso. Provided, That, in case of the death, resignation, or re- 
moval from office, of the Postmaster General, all his duties 
shall be performed by his senior assistant, until a successor 
shall be appointed, and arrive at the general post-office, to 
perform the business. 
Aiipersons Sec. 2. And he it further enacted, That the Postmaster 

employed m the ^ -, 

post-office, and General, and all other persons employed in^ the general post- 
others attached to . ^ c j or 

it in any way to office, or ill the carc, custody, or conveyance of the mail, 

take an oath before t n . ' 

entering upon the shall, prcvious to entering upon the duties assigned to them, 

duties of their /• ! , 

office, or (m) the execution of their trusts, and before they shall 
be entitled to receive any emolument therefor, respectively 
take and subscribe the following oath, or affirmation, before 



The Administration of James Monroe 97 

some magistrate, and cause a certificate thereof to be filed 
in the general post-office : "I, A. B. do swear or affirm, oath. 
(as the case may be,) that I will faithfully perform all the 
duties required of me, and abstain from every thing forbid- 
den by the laws in relation to the establishment of the post- 
office and post-roads within the United States." 

Sec. 46, And he it further enacted. That all acts and parts ah acts, &c., 
of acts which have been passed for the establishment and establishment of 
regulation of the General Post-office, shall be, and the same repealed. 
are hereby, repealed : Provided, That the act, entitled " An ch. 48. ^" ' 
act concerning public contracts," approved on the twenty- proviso, 
first of April, one thousand eight hundred and eight, shall 
not be affected hereby, but shall remain in full force and 
virtue: And provided, also, That nothing herein contained 
shall be construed to affect or extend to, any offence com- 
mitted against the laws, now in force, intended by this act 
to be repealed; but the same shall be prosecuted, and determ- 
ined, and punished, according to the said laws, nor to affect 
any existing contract, or debt, or demand, due to or from 
the department; but all such offences, crimes, debts, duties, 
demands, and contracts, shall be held in force, and adjudged, 
determined, and executed, according to the present laws in 
force, as though this act had not passed; nor shall it affect 
any appointments to office made under the laws hereby re- 
pealed. 

Approved March 3, 1825. 



THE ADMINISTRATION 
OF 

JOHN QUINCY ADAMS 

March 4, 1825, to March 3, 1829 



100 Executive Eegister of the United States 



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JO a9quin>i 



OD»CM<OOt*':OaOaOCO'H-.44»O^H05-*r^=OlO»CCOC0005C^ 
r-l W IN r-l(Mr-ii-( i-I-ht-i 






The Administeation of John Quincy Adams 101 



On February 9, 1825, the two houses assembled in the 
hall of the House of Eepresentatives and proceeded to the 
counting of the votes for President and Vice President. It 
was found that John C. Calhoun had received a majority of 
the whole number of votes for the Vice Presidency, and was 
consequently declared to have been elected Vice President 
of the United States for the term beginning March 4, 1835. 
No candidate for the Presidency having received a majority, 
the Senators withdrew and the House of Representatives pro- 
ceeded to the choice of a President from the three highest. 
John Quincy Adams, of Massachusetts, received the votes of 
thirteen States, and was thus duly elected ; Andrew Jackson, 
of Tennessee, received the votes of seven States, and Wil- 
liam H. Crawford, of Georgia, the votes of four States. The 
States whose votes were cast for Adams were Maine, New 
Hampshire, Massachusetts, Ehode Island, Connecticut, Ver- 
mont, New York, Maryland, Ohio, Kentucky, Illinois, Mis- 
souri, and Louisiana; those for Andrew Jackson were New 
Jersey, Pennsylvania, South Carolina, Tennessee, Alabama, 
Mississippi, and Indiana; those for William H. Crawford 
were Delaware, Virginia, North Carolina, and Georgia. 



1.02 ExEcraiTE Register of the United States 



John Quinct Adams, Massachusetts. 
John C. Calhoun, South Carolina. 
March 4, 1835, to March 3, 1839. 

Secretary of State. 

Daniel Brent (Chief Clerk), ad interim March 4, 1835, 
to March 7, 1835. 

Henry Clay, of Kentucky, nominated March 5, 1835 ; con- 
firmed and commissioned March 1, 1835; entered upon 
duties same day; served to March 3, 1839, on which day 
he resigned. 

Secretary of the Treasury. 

Samuel L. Southard, of New Jersey (Secretary of the 
Navy), ad interim March 7, 1835, to July 31, 1835. 

EiCHARD Rush, of Pennsylvania, nominated March 5, 1835 ; 
confirmed and commissioned March 7, 1835; entered 
upon duties August 1, 1835; served to March 3, 1839, 
on which day he resigned. 

Secretary of War, 

James Barbour, of Virginia, nominated March 5, 1835; 
confirmed and commissioned March 7, 1835; entered 
upon duties same day; served to May 34, 1838; commis- 
sioned Envoy Extraordinary and Minister Plenipoten- 
• tiary to England May 33, 1838. 

Samuel L. Southard, of New Jersey (Secretary of the 
Navy), ad interim May 36, 1838, to June 19, 1838. 

Peter B. Porter, of New York, nominated May 34, 1838 ; 
confirmed and commissioned May 26, 1838; entered 
upon duties June 31, 1838; served to March 3, 1839, on 
which day he resigned. 



The Administration of John Quincy Adams 103 

Attorney General. 

William Wirt, of Virginia, continued from last administra- 
tion; served to March 3, 1829, on which day he resigned. 

Postmaster General. 

John McLean, of Ohio, continued from last administra- 
tion; served through this administration. 

Secretary of the Navy. 

Samuel L. Southard, of New Jersey, continued from last 
administration; served to March 3, 1829, on which day 
he resigned. 
S. Doc. 196, 58-3—05 8 



THE ADMINISTEATION 
OF . 

ANDREW JACKSON 

FIEST TERM 
Ilarch 4, 1829, to March 3, 1833 



106 Executive Eegister of the United States 



ELECTION FOR THE ELEVENTH TERM, COMMENCING 4th MARCH, 
1829, AND TERMINATING 3rd MARCH, 18^3. 



3 H 



15 

4 

8 

7 

36 

8 

38 

3 

11 

24 

15 

11 

9 

14 

11 

16 

5 

3 

5 

3 

5 

3 



STATES. 



Maine 

New Hampshire 
Massachusetts . 
Rhode Island. . . 
Connecticut. . . . 

Vermont 

New York 

New Jersey . . . . 
Pennsylvania. . . 

Delaware 

Maryland 

Virginia . .... 
North Carolina . 
South Carolina . 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois ...... 

Alabama 

Missouri 



261, whole number ; 

necessary to elect, 131. 



President. 



20 

28 

5 

24 

15 

U 

9 

14 

11 

16 

5 

3 

5 

3 

5 

3 



S 3 



8 
15 
4 
8 
7 
16 
8 



178 



83 



Vice President. 



y o 



20 

28 

5 

24 

15 

11 

2 

14 

11 

16 

5 

3 

5 

3 

5 

3 



5 fXi 



15 
4 

8 

7 

16 

8 

3 
6 



171 



83 



a s 



Popular vote 
Plurality . . . 



647,231 
138,134 



.509,097 



The Admixistkation of Andrew Jackson 107 



Andhew Jackson^ Tennessee. 

John C. Calhoun^ South Carolina (Eesigned Dec. 28^ 3833). 
Hugh Lawson White, Tennessee (President pro tempore 
of the Senate). 

March 4, 1829, to March 3, 1833. 

Secretary of State. 

James A. Hamilton^ of New York, appointed by the Presi- 
dent March 4, 1829, " to take charge of the Department 
of State and perform the duties of that office until Mr, 
Van Buren's arrival in this City." Served March 4, 
1829, to March 27, 1829. 

Martin Tan Buren, of ISTew York, nominated, confirmed 
and commissioned March 6, 1829; entered upon duties 
March 28, 1829; resigned April 11, 1831; served to May 
23, 1831. 

Edward Livingston^ of Louisiana, commissioned (recess of 
the Senate) May 24, 1831; entered upon duties same 
day; nominated December 7, 1831; confirmed and re- 
commissioned January 12, 1832; served through re- 
mainder of the administration. 

Secretary of the Treasury. 

Sa]\iuel D. Ingham, of Pennsylvania, nominated, confirmed 
and commissioned March 6, 1829 ; entered upon duties 
same day ; resigned April 19, 1831 ; served to June 20, 
1831. 

AsBURY DiCKiNs (Chief Clerk), ad inter im June 21, 1831, 
to August 7, 1831. 

Louis McLane^ of Delaware, commissioned (recess of the 
Senate), August 8, 1831; entered upon duties same 
day; nominated December 7, 1831; confirmed and re- 
commissioned January 13, 1832; served through re- 
mainder of the administration. 



108 Executive Register of the United States 

Secretary of War. 

John H. Eaton, of Tennessee, nominated, confirmed and 
commissioned March 9, 1829; entered npon duties same 
day; resigned April 7, 1831; served to June 18, 1831. 

Philip G. Eandolph (Chief Clerl^, ad interim June 20, 
1831, to July 21, 1831. 

Egger B. Taney, of Maryland (Attorney General), ad 
interim July 21, 1831, to August 7, 1831. 

Lewis Cass, of Ohio, commissioned (recess of the Senate) 
August 1, 1831; entered upon duties August 8, 1831; 
nominated December 7, 1831; confirmed and recommis- 
sioned December 30, 1831; served through remainder 
of the administration. 

Attorney General. 

John M. Berrien, of Georgia, nominated, confirmed and 
commissioned March 9, 1829; entered upon duties same 
day; resigned June 15, 1831; served to June 23, 1831. 

EoGER B. Taney, of Maryland, commissioned (recess of the 
Senate) July 20, 1831; entered upon duties same day; 
nominated December 7, 1831; confirmed and recom- 
missioned December 27, 1831 ; served through remainder 
of the administration. 

Postmaster General. 

John McLean, of Ohio, continued from last administra- 
tion; served to March 9, 1829; appointed Associate Jus- 
tice of the Supreme Court of the United States March 
7, 1829. 

William T. Barry, of Kentucky, nominated, confirmed and 
commissioned March 9, 1829 ; entered upon duties April 
6, 1829 ; served through remainder of the administration. 

Secretary of the Xavy. 

Charles Hay (Chief Clerk), ad interim March 4, 1829, to 
March 9, 1829. 



The Administration of Andrew Jackson 109 

John Branch, of North Carolina, nominated, confirmed and 
commissioned March 9, 1829; entered upon duties same 
day; resigned April 19, 1831; served to May 13, 1831. 

John Boyle (Chief Clerk), ad interim May 13, 1831, to 
May 33, 1831. 

Levi Woodbury, of New Hampshire, commissioned (recess 
of the Senate) May 33, 1831; entered upon duties same 
day; nominated December 7, 1831; confirmed and re- 
commissioned December 37, 1831; served through re- 
mainder of the administration. 

[Resignation of Vice President Calhoun.] 

Columbia 
S°. Carolina 
38th. j3ggj. 1832 

Sir, 

Having concluded to accept of a seat in the Senate, to 
which I have been elected by the Legislature of this State, 
I herewith resign the office of Vice President of the United 
States. 

Very respectfully 
Your ob ser*. 

J. C. Calhoun 
Hon H. Livingston^ 
Sec^ of State. 

[Calhoun made the curious mistake of addressing Edward Liv- 
ingston as " H." Livingston. Original in Bureau of Appoint- 
ments, Department of State.] 



THE ADMINISTEATION 
OF 

ANDREW JACKSON 

SECOND TEEM 

March 4, 1833 to March 3, 1837 



113 Executive Eegistee of the United States 



ELECTION FOR THE TWELFTH TERM, COMMENCING 4th MARCH, 
1333, AND TERMINATING 3r3 MARCH, 1837. 






10 

7 

14 

4 

8 

7 

42 

8 

30 

3 

10 

23 

15 

11 

11 

15 

15 

21 

5 

4 

9 

5 

7 

4 



STATES. 



O} 



M a, 

1-5 d 

a o 



Maine 

New Hampshire . . 
Massachusetts. . . . 

Rhode Island 

Conneclieut 

Vermont 

New York 

New Jersey 

Pennsj'lvania 

Delaware 

Maryland 

Virginia 

North Carolina. . . 
South Carolina. . 

Georgia . . . 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama , 

Missouri 



10 

7 



42 

8 

30 



23 
15 

n 

15 
21 
5 
4 
9 
5 
7 
4 



288, whole number; 
necessary to elect, 145. 



Popular vote 
Plurality. . . . 



319 



President. 



Vice President. 



=4-1 

0) o 



14 
4 

8 



15 



687,50?: 
157,291 



49 



V a 
c ba 

—I u 



^l 



530,209 



p o 
1^" 



11 



33,108 



10 



43 



23 
15 

11 

15 
21 
5 
4 
9 
5 
7 
4 



189 



49 



^ > 

b» Mi 

(^ a 

a ® 



30 



30 



bs 



OJ o 



Bo 



11 



The Administratioist oi-' Andrew Jackson 113 



Andrew Jackson^ Tennessee 
Martin Van Buren, New York. 
March 1, 1833, to March 3, 1837. 

Secretary of State. 

Edward Livingston^ of Louisiana, continued from last ad- 
ministration; served to May 29, 1833, on which day he 
resigned and was appointed Envoy Extraordinary and 
Minister Plenipotentiary to France. 

Louis McLane, of Delaware, commissioned (recess of the 
Senate) May 29, 1833; entered upon duties same day; 
resigned June 18, 1831, to take effect June 30, 1834, 
to which day he served. 

John Forsyth^ of Georgia, nominated, confirmed and com- 
missioned June 27, 1831; entered upon duties July 1, 
1834; served through remainder of the administration. 

Secretary of the Treasury. 

Louis McLane^ of Delaware, continued from last adminis- 
tration; served to May 29, 1833, when he was appointed 
Secretary of State. 

■William J. Duane^ of Pennsylvania, commissioned (recess 
of the Senate), May 29, 1833; entered upon duties 
June 1, 1833; removed September 23, 1833. 

Roger B. Taney, of Maryland, commissioned (recess of the 
Senate), September 23, 1833; entered upon duties Sep- 
tember 24, 1833; nominated June 23, 1834; rejected) 
June 24, 1834; resigned June 25, 1834. 

McClintock Young (Chief Clerk), ad interim June 25, 
1834, to June 30, 1834. 

Levi Woodbury^ of New Hampshire, nominated, confirmed 
and commissioned June 27, 1834; entered upon dutieti 
July 1, 1834; served through remainder of the. admin- 
istration. 



114 Executive Registee of the United States 

Secretary of War. 

Lewis Cass, of Ohio, continued from last administration; 
served to October 4, 1836, on which day he was commis- 
sioned Envoy Extraordinary and Minister Plenipoten- 
tiary to France. 

Carey A. Harris, of Tennessee (Commissioner of Indian 
Affairs), ad interim October 5, 1836, to October 25, 
1836. 

Benjamin E. Butler, of New York (Attorney General), 
ad interim October 26, 1836, to March 3, 1837. 

Benjamin F. Butler, of New York, nominated, confirmed 
and commissioned March 3, 1837, to be Secretary of 
War " during the pleasure of the President, until a 
successor, duly appointed, shall accept such office and 
enter upon the duties thereof." 

Attorney General. 

Eoger B. Taney, of Maryland, continued from last adminis- 
tration; served to September 23, 1833, on which day he 
resigned and was appointed Secretary of the Treasury. 

Peter V. Daniel, of Virginia, commissioned (recess of the 
Senate), October 22, 1833; declined November 4, 1833. 

Benjamin F. Butler, of New York, commissioned (recess 
of the Senate), November 15, 1833; entered upon duties 
November 18, 1833; nominated June 23, 1834; con- 
firmed June 24, 1834; recommissioned June 26, 1834; 
served through remainder of the administration. 

Postmaster General. 

William T. Barry, of Kentucky, continued from last ad- 
ministration; served to April 30, 1835; appointed En- 
voy Extraordinary and Minister Plenipotentiary to 
Spain April 10, 1835. 

Amos Kendall, of Kentucky, commissioned (recess of the 
Senate), May 1, 1835; entered upon duties same day; 
nominated December 28, 1835; confirmed and recom- 
missioned March 15, 1836; served through remainder 
of the administration. 



The Administration of Andrew Jackson 115 

Secretary of the Navy. 

Levi Woodbury, of New Hampshire, continued from last ad- 
ministration; resigned to take effect June 30, 1834; 
appointed Secretary of the Treasury June 27, 1834. 

Mahlon DickersoNj of New Jersey, nominated June 38, 
1834; confirmed and commissioned June 30, 1834; en- 
tered upon duties July 1, 1834; served through remain- 
der of the administration. 

[United States Statutes at Large, Vol. 5, p. 80.] 

Chap. CCLXX. — An Act to change the organization of i/te July 2, isse. 
Post Office Department, and to provide more effectually for 
the settlement of the accounts thereof. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress Assembled, 

Sec. 40. And be it further enacted. That in case of the Duties of p. m. 

• • i>j_iT-ij_j_/^ 1 Oeneral to devolve 

death, resiornation, or absence of the postmaster ueneral, on Assistant 

' ^ ' . p. M. G. 

all his powers and duties shall devolve, for the time being, 
on the First Assistant Postmaster General. 

******* 

Approved, July 2, 1836. 



THE ADMINISTEATION 
OF 

MARTIN VAN BUREN 

March 4, 1837, to March 3, 1841 



118 Executive Eegister of the United States 



ELECTION FOR THE THIRTEENTH TERM, COMMENCING 4th MARCH, 
1837, AND TERMINATING 3rd MARCH, 1841. 



12; 



10 

7 

14 

4 

8 

7 

42 

8 

30 

3 

10 

23 

15 

11 

11 

15 

15 

21 

5 

4 

9 

5 

7 

4 

8 

3 



STATES. 



Maine 

New Hampshire. 
Massachusetts . . 
Rhode Island. . . . 

Connecticut 

Vermont 

New Yorlv 

New Jersey 

Pennsylvania . . . 

Delaware 

Maryland , 

Virginia 

North Carolina. 
South Carolina. 

Georgia 

Kentucl^y 

Tennessee 

Ohio 

Louisiana 

Mississippi . . . . 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan 



394, whole number; 
necessary to elect, 148. 



Popular vote, 
plurality . . . . 






10 

7 



8 
4 3 
oO 



170 



President. 



761,549 

24,893 



bCsH 

3 o 



11 



CB o 

O 



14 



15 



73 26 



Vice President. 



O 3 



11 



14 U 



736,656 



10 

7 



42 
30 



15 



Six 

CO III 

[in 






14 



*147 



10 



15 



77 



47 






33 



23 



•Elected by the Senate. 



The Administration of Maktin Van Buhen 119 



Maetin Van Bueen, ISIew York. 
EiCHARD M. Johnson, Kentucky. 
March 4, 1837, to March 3, 1841. 

Seceetaet of State. 

John Foesyth, of Georgia, continued from last adminis- 
tration; served to March 3, 1841, on which day he re- 
signed. 

Seceetaey of the Teeasury. 

Levi Woodbuey, of New Hampshire, continued from last ad- 
ministration ; resigned March 2, 1841, to take effect 
March 3, 1841. 

Seceetaey op War. 

Benjamin F. Butlee^ of Kew York, ad inierim, continued 
from last administration; served to March 13, 1837. 

Joel E. Poinsett, of South Carolina, nominated, confirmed 
and commissioned March 7, 1837; entered upon duties 
March 14, 1837; resigned March 2, 1841, to take effect 
March 3, 1841. 

AtTOENEY GrENEEAL. 

Benjamin F. Butler, of New York, continued from last ad- 
ministration; resigned to take effect September 1, 1838; 
served to August 31, 1838. 

Felix Grundy, of Tennessee, nominated, confirmed and com- 
missioned July 5, 1838, to take effect September 1, 1838 ; 
entered upon duties September 1, 1838 ; resigned Decem- 
ber 14, 1839. 

Henry D, Gilpin, of Pennsylvania, nominated January 8, 
1840; confirmed January 10, 1840; commissioned Jan- 
uary 11, 1840; entered upon duties same day; resigned 
March 2, 1841, to take effect March 3, 1841, 
S. Poc. 196, 58-3—05 9 



120 Executive Kegistek oe the United States 

Postmaster General. 

Amos Kendall^ of Kentucky, continued from last adminis- 
tration; resigned May 11, 1840; served to May 25, 1840. 

John M. JSTiles, of Connecticut, nominated May 16, 1840; 
confirmed May 18, 1840; commissioned May 19, 1840, 
to take effect May 25, 1840; entered upon duties May 
26, 1840 ; resigned March 1, 1841, to take effect March 
3, 1841. 

Secretary of the ISTavy. 

Mahlon Dickerson, of New Jersey, continued from last 
administration; resigned to take effect June 30, 1838, 
to which day he served. 

James K. Paulding^ of New York, nominated June 15, 
1838; confirmed June 20, 1838; commissioned June 25, 
1838, to take effect ''after the 30th instant;" entered 
upon duties July 1, 1838; resigned March 2, 1841, to 
take effect March 3, 1841. 



THE ADMINISTEATION 
OP 

WILLIAM HENRY HARRISON 

March 4, 1841, to April 4, 1841 



122 Executive Eegistee of the United States 



ELECTION FOR THE FOURTEENTH TERM, COMMENCING 4th MARCH, 
1841, AND TERMINATING 3rd MARCH, 1845. 



3H 
^ 



10 

7 

14 

4 

8 

7 

43 

8 

30 

3 

10 

33 

15 

11 

11 

15 

15 

21 

5 

4 

9 

5 

7 

4 

3 

3 



STATES. 



Maine 

New Hampshire 
Massachusetts . 
Khode Island. . 
Connecticut. . . . 

Vermont 

New York 

New Jersey. . . . 
Pennsylvania . . 

Delaware 

Maryland 

Virginia 

North Carolina 
South Carolina. 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi . . . . 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan , 



294, whole number; 

necessary to elect, 148. 



Popular vote. 
Plurality . . . . 



President. 



s-^ 



10 

14 
4 
8 
7 

42 
8 

30 
3 

10 

15 

11 
15 
15 
31 
' 5 
4 
9 



234 



1,375,017 
146,315 



a u 

05 O 



60 



Vice President. 



^9> 



1,128,703 



234 



48 



1^ 



11 



11 



44£ 
Pi <S> 

aifH 



The Administeation of Wm. Henry Harrison 123 



William Henry Harrison, Ohio (Died April 4, 1841). 
John Tyler^ Virginia. 

March 4, 1841, to April 4, 1841. 
Secretary of State. 

J. L. Martin (Chief Clerk), ad interim March 4, 1841, to 
March 5, 1841. 

Daniel Webster, of Massachusetts, nominated, confirmed 
and commissioned March 5, 1841; entered upon duties 
March 6, 1841 ; served through remainder of Harri- 
son's administration. 

Secretary of the Treasury. 

McClintock Young (Chief Clerk), ad interim March 4, 
1841, to March 5, 1841. 

Thomas Ewing, of Ohio, nominated, confirmed and com- 
missioned March 5, 1841 ; entered upon duties March 
6, 1841; served through remainder of Harrison's ad- 
ministration. 

Secretary of War. 

John Bell, of Tennessee, nominated, confirmed and com- 
missioned March 5, 1841; entered upon duties March 
6, 1841 ; served through remainder of Harrison's ad- 
ministration. 

Attorney General. 

John J. Crittenden, of Kentucky, nominated, confirmed 
and commissioned March 5, 1841; entered upon duties 
March 6, 1841; served through remainder of Harrison's 
administration. 

Postmaster General. 

Selai-i K. Hobbie, of New York (First Assistant Postmas- 
ter General), ad interim March 4, 1841, to March 7, 
1841. 

Francis Granger, of Few York, nominated M arch 5, 1841 ; 
confirmed and commissioned March 6, 1841; entered 
upon duties March 8, 1841 ; served through remainder 
of Harrison's administration. 



124 Executive Eegistee of the United States 

Secretary of the Navy. 
John D. Simms (Chief Clerk), ad interim March 4, 1841, 

to March 5, 1841. 
George E. Badger, of North Carolina, nominated, confirmed 

and commissioned March 5, 1841 ; entered upon duties 

March 6, 1841; served through remainder of Harrison's 

administration. 

[Domestic Letters, Department of State.] 

Washington, April the 4th, A. D. 1841. 
William Henry Harrison, President of the United States, 
departed this life, "at the President's house in this city, this 
morning, being Sunday the fourth day of April, in the year 
of our Lord one thousand eight hundred and forty-one, at 
thirty minutes before one o'clock in the morning; We whose 
namics are hereunto subscribed, being in the house, and some 
of us in his immediate presence at the time of his decease. 
W. W. Seaton, Daniel Webster, 

Mayor of Washington. Secretary of State. 

Thomas Miller, M. D., Thomas Ewing, 

Attending Physician. Secretary of the Treasury. 

AsHTON Alexander, M. D., John Bell, 

Consulting Physician. Secretary of War. 

Wm. Hawley, J. J. Crittenden, 

Eector of St. John's Church. Attorney G-eneral. 
A. Hunter, Francis Granger, 

Marshal of the District of Postmaster General. 
Columbia. John Chambers 1 

Wm. Thos. Carroll, C. S. Todd I. President's 

Clerk of the Supreme David 0. Coupland | 

Court, U. S. 
Eletcher Webster, 

Chief Clerk in the State 

Department. 
Let this be duly recorded and placed among the Eolls. 
(Signed) Daniel Webster 

Secretary of State. 



The Administration of Wm. Henky Harrison 125 

[Domestif. Letters, Department of State.] 

All all wise Providence having suddenly removed from tliis 
life, William Henry Harrison, late President of the United 
States, we have thought it our duty, in the recess of Congress, 
and in the absence of the Vice President from the seat of 
Grovernment, to make this afflicting bereavement known to 
the country by this declaration under our hands. 

He died at the President's House, in this city, this day the 
4th of April, anno Domini, 1841, at thirty minutes before 
one o'clock in the morning. 

The peojole of the United States, overwhelmed like our- 
selves, by an event so unexpected and so melancholy, will 
derive consolation from knowing that his death was calm and 
resigned, as his life had been patriotic, useful and distin- 
guished; and that the last utterance of his lips expressed a 
fervent desire for the perpetuity of the Constitution and the 
preservation of its true principles. In death, as in life, the 
happiness of his country was uppermost in his thoughts. 
Daniel Webster^ Secretary of State. 
Thos. Ewing, Secretary of the Treasury. 
John Bell^ Secretary of War. 
J. J. Crittenden, Attorney General. 
Francis Granger, Postmaster General. 
City of Washington, 4 April, 1841. 



THE ADMINISTEATION" 
OF 

JOHN TYLER 

April 6, 1841, to March 3, 1845 



128 Executive Eegistek of the United States 

Immediately after the decease of the President, Mr. 
Fletcher Webster, Chief Clerk in the Department of State, 
accomiDanied b}^ Mr. Beall, an officer of the Senate, set out 
for the residence of the Vice President, in Virginia, bearing 
to him the following letter : 

[Domestic Letters, Department of State.] 
Department of State^ 

Washington, 4th April, 1841. 
JoiiN Tyler, 

Vice President of the United States. 
Sir: 

It has become our most painful duty to inform you that 
William TTenry Harrison, late President of the United States, 
has departed this life. 

This distressing event took place this day, at the Presi- 
dent's Mansion in this city, at thirty minutes before one in 
the morning. 

We lose no time in despatching the chief clerk in the State 
Department as a Special Messenger to bear to you these mel- 
ancholy tidings. 

We have the honor to be, with the highest regard, your 
obedient servants, 

D. Webster^ 

Secretary of State, 
Thomas Ewing^ 

Secretary of the Treasury. 
John Bell^ 

Secretary of War. 
J. J. Crittenden^ 

Attorney General. 
Francis Granger, 
Postmaster General. 

[National Intelligencer, Wednesday, April 7, 1841.] 
By the extraordinary despatch used in sending tlie official 
intelligence to the Vice President, at Williamsburg, and simi- 
lar despatch by him in repairing to the seat of Government, 



The ADMiNiSTRATioisr of John Tyler 129 

John Tyler^ now President of the United States, arrived in 
this city yesterday morning, at 5 o'clock, and took lodgings 
at Brown's Hotel. 

At 13 o'clock, all the Heads of Departments, except the 
Secretary of the Navy, (who has not yet returned to the city 
from his visit to his family,) waited upon him, to pay him 
their official and personal respects. They were received with 
all the politeness and kindness which characterize the new 
President. He signified his deep feeling of the public calam- 
ity sustained by the death of President Harrison, and ex- 
pressed his profound sensibility to the heavy responsibilities 
so suddenly devolved upon himself. He spoke of the pres- 
ent state of things with great concern and seriousness, and 
made known his wishes that the several Heads of Depart- 
ments would continue to fill the places which they now 
respectively occup}', and his confidence that they would afford 
all the aid in their power to enable him to carry on the ad- 
ministration of the Government successfully. 

The President then took and subscribed the following oath 
of office : 

I do solemnly swear, that I will faithfully execute the 
office of President of the United States, and will to the best 
of my ability, preserve, protect and defend the Constitution 
of the United States. John Tyler, 

April 6, 18^1. 
District of Columbia, 

City and County of Washington, ss. 

I, William Cranch, chief Judge of the Circuit Court of the 
District of Columbia, certify that, the above named John 
Tyler personally appeared before me this day, and although 
he deems himself qualified to perform the duties and exercise 
the powers and office of President, on the death of William 
Henry Harrison, late President of the United States, without 
any other oath thaii that which he has taken as Vice Presi- 
dent; yet as doubts may arise, and for greater caution, took 
and subscribed the foregoing oath, before me. 

W. Cranch, 
April 6th, 1841. 



130 Executive Kegister of the United States 



John Tylek^ Virginia. 

Samuel L. Southard, New Jersey, ) Presidents pro tem- 
Willie p. Mangum, North Carolina, j pore of the Senate. 
April 6, 1841, to March 3, 1845. 

Secretary of State. 
Daniel Webster, o;f Massachusetts, continued from Harri- 
son's administration; served to May 8, 1843, on which 

day he resigned. 
Hugh S. Legare, of South Carolina (Attorney General), 

ad interim May 9, 1843, to June 20, 1843. 
William S. Derrick (Chief Clerk), ad interim June 21, 

1843, to June 23, 1843. 
Abel P. Upshur,, of Virginia (Secretary of the Navy), ad 

interim June 24, 1843, to July 23, 1843. 
Abel P. Upshur, of Virginia, commissioned (recess of the 

Senate) July 24, 1843; nominated December 6, 1843; 

confirmed and recommissioned January 2, 1844; killed 

on the " Princeton " February 28, 1844. 
John Nelson, of Maryland (Attorney General), ad interim 

February 29, 1844, to March 31,4844. 
John G. Calhoun, of South Carolina, nominated, confirmed 

and commissioned March 6, 1844; entered upon duties 

April 1, 1844; resigned March 1, 1845; served through 

remainder of the administration. 

Secretary of the Treasury. 

Thomas Ewing, of Ohio, continued from Harrison's admin- 
istration; resigned September 11, 1841. 

McCltntock Young (Chief Clerk), ad interim September 
13, 1841. 

Walter Forward, of Penns3dvania, nominated September 
11, 1841; confirmed and commissioned September 13. 



The Administration of John Tyler 131 

1841; entered upon duties September 14, 1841; resigned 
February 26, 1843, to take effect March 1, 1843 ; served 
to February 38, 1843. 

McCeintock Young (Chief Clerk), ad interim March 1, 

1843, to March 7, 1843. 

Caleb Cushing, of Massachusetts, nominated March 3, 1843; 
rejected March 3, 1843. 

John C. Spencer^ of New York, nominated, confirmed and 
commissioned March 3, 1843 ; entered upon duties March 
8, 1843 ; nominated as Associate Justice of the Supreme 
Court of the United States January 8, 1844; rejected 
January 31, 1844; resigned as Secretary of the Treasury 
May 2, 1844. 

McClintock Young (Chief Clerk), ad interim May 2. 

1844, to July 3, 1844. 

James S. G-reen^ of New Jersey, nominated June 14, 1844; 
rejected June 15, 1844. 

George M. Bibb^ of Kentucky, nominated, confirmed and 
commissioned June 15, 1844; entered upon duties July 
4, 1844; resigned March 3, 1845. 

Secretary of War. 

John Bell^ of Tennessee, continued from Harrison's admin- 
istration; resigned September 11, 1841. 

Albert M. Lea (Chief Clerk), ad interim September 12, 
1841, to October 11, 1841. 

John McLean^ of Ohio, nominated September 11, 1841; 
confirmed and commissioned September 13, 1841 ; de- 
clined. 

John C. Spencer^ of New York, commissioned (recess of the 
Senate) October 12, 1841 ; entered upon duties same 
day; nominated December 13, 1841; confirmed and re- 
commissioned December 20, 1841 ; served to March 7, 
1843; appointed Secretary of the Treasury March 3, 
1843. 



133 Executive Eegistek of the United States 

James M. Porter, of Pennsylvania, commissioned (recess of 
the Senate) March 8, 1843; entered upon duties same 
day ; nominated December 6, 1843 ; rejected January 30, 
1844; served to February 19, 1844. 

William Wilkins, of Pennsylvania, nominated February 14, 
1844; confirmed and commissioned February 15, 1844; 
entered upon duties February 20, 1844; resigned March 
3, 1845. 

Attorney General. 

John J. Crittenden, of Kentucky, continued from Harri- 
. . son's administration; resigned September 11, 1841. 
Hugh S. Legare^ of South Carolina, nominated September 

11, 1841; confirmed and commissioned September 13, 
1841; entered upon duties September 20, 1841; died 
June 20, 1843. 

John N"elson, of Maryland, commissioned (recess of the 
Senate) July 1, 1843; entered upon duties same day; 
nominated December 6, 1843 ; confirmed and recommis- 
sioned January 2, 1844; resigned March 3, 1845, to take 
effect March 4, 1845. 

Postmaster General. 
Francis Granger^ of New York, continued from Harrison's 

administration; resigned and served to September 13, 

1841. 
Selaii E. Hobbie, of New York (First Assistant Postmaster 

General), ad interim September 14, 1841, to October 

12, 1841. 

Charles A. Wickliffe^ of Kentucky, nominated, confirmed 
and commissioned September 13, 1841; entered upon 
duties October 13, 1841; resigned March 3, 1845. 

Secretary of the Navy. 

George E. Badger, of North Carolina, continued from Har- 
rison's administration; resigned September 11, 1841. 

John D. Simms (Chief Clerk), ad interim September 11, 
1841, to October 11, 1841. 



The Admin^istuation of John Tyler '133 

Abel P. Upshur^ of Virginia, nominated September 11, 
1841; confirmed and commissioned September 13, 1841; 
entered upon duties October 11, 1841; served to July 33, 
1843 ; appointed Secretary of State July 24, 1843. 

David Henshaw, of Massachusetts, commissioned (recess of 
the Senate) July 24, 1843; entered "upon duties same 
day; nominated December 6, 1843; rejected January 15, 
1844; served to February 19, 1844. 

Thomas W. G-tlmer^ of A'^irginia, nominated February 14, 
1844; confirmed and commissioned Febru.ary 15, 1844; 
entered upon duties February 19, 1844; killed on the 
"Princeton" February 28, 1844. 

Lewis Warrington- (Captain, TJ. S. Navy), ad interim Feb- 
ruary 29, 1844, to March 25, 1844. 

John Y. Mason, of Virginia, nominated March 13, 1844; 
confirmed and commissioned March 14, 1844; entered 
upon duties March 26, 1844; resigned March 3, 1845. 

[United States Statutes at Large, Vol. 5, p. 721.] 

Chap. I. — An Act to establish a uniform time for holding Election day fixed. 
elections for electors of President and Vice President in all '^'^' ^^' ^^^^' 
the States of the Union* 

Be it enacted by the Senate and House of Representatives 
of the Un.ited States of America in Congress assembled. That 
the electors of President and Vice President shall be ap- 

* Election of President and Vice President of the United States: 

Constitution of the United States, art. 2, sec. 1, vol. 1, 15, 16. 
Twelfth amendment to the constitution of the United States, 
vol. 1, 22. 

An act relative to the election of a President and Vice Presi- 
dent of the United States, and declaring the officer who shall 
act as President in case of vacancies in the office of both Presi- 
dent and Vice President; March 1, 1792, chap. 8. 

An act supplementary to the act entitled " An act relative to 
the election of a President and Vice President of the United 
States, and declaring the officer who shall act as President, in 
case of vacancies in the office of both President and Vice Presi- 
dent; March 26, 1804, chap. 50, 



134 Executive Kegistee of the United States 

pointed in each State on the Tuesday next after the first Mon- 
day in the month of November of the year in which they are 
to be appointed : Provided, That each State may by law pro- 

vacancies. vidc for the filling of any vacancy or vacancies which may 
occur in its college of electors when such college meets to give 
its electoral vote: And provided, also, when any State shall 
have held an election for the purpose of choosing electors, and 

In case of shall fail to make a choice on the day aforesaid, then the elec- 

no election. , , • j t ^ j_ i • i 

tors may be appointed on a subsequent day m such manner 
as the State shall by law provide. 
Approved, January 23, 1845. 



THE ADMINISTEATION 
OF 

JAMES K. POLK 

March 4, 1845, to March 3, 1849 



S. Doc. 196, 58-3—05 10 



136 Executive Eegistee of the United States 



ELECTION FOR THE FIFTEENTH TERM, COMMENCING 4th MARCH, 
1845, AND TERMINATING 3rd MARCH. 1849. 



15 



9 

6 

12 

4 

6 

6 

36 

7 

26 

3 

8 

17 

11 

9 

10 

12 

13 

23 

6 

6 

12 

9 

9 

7 

3 



STATES. 



Maine 

New Hampshire 

Massachusetts 

R. Island & P. Plantations 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

North Carolina 

South Carolina 

Georgia 

Kentucky 

Tennessee.. . . : 

Ohio , 

Louisiana 

Mississippi 

Indiana 

Illinois , 

Alabama 

Missouri 

Arkansas 

Michigan 



275, whole number ; 

necessary to elect, 138. 



President. 



W I 



36 
26 

17 

9 
10 



13 
9 
9 
7 
3 
.5 



170 



u ^ 

<x> o 



12 
4 
6 
6 

7 

3 

8 

11 



12 
13 
23 



105 



V. President. 






17 



10 



6 
6 

12 



170 



-a ^ 

bD 
S ^ 

£12! 





12 




4 




6 




6 


36 






7 


26 






3 




8 



11 



12 
13 
33 



105 



Popular vote. 
Plurality . . . . 



1,337,243 
38,175 



1,299,068 



The Administration of James K. Polk 137 



James K. Polk, Tennessee. 
Geoege M. Dallas, Pennsylvania. 
March 4, 1845, to March 3, 1849. 

Secretary of State. 

>JoHN C. Calhoun, of South Carolina, con tinned from last 
administration ; resigned February 37, 1845 ; served to 
. March 10, 1845. 

James Buchanan, of Pennsylvania, nominated and con- 
firmed March 5, 1845 ; commissioned March 6, 1845 ; en- 
tered upon duties March 10, 1845; resigned March 3, 
1849, to take effect March 7, 1849. 

Secretary of the Treasury. 

George M. Bibb, of Kentucky, continued from last adminis- 
tration ; resigned and served to March 7, 1845. 

Egbert J. Walker, of Mississippi, nominated and confirmed 
March 5, 1845; commissioned March 6, 1845; entered 
upon duties March 8, 1845 ; served through remainder of 
the administration. 

Secretary of War. 

William Wilkins, of Pennsylvania, continued from last ad- 
ministration; resigned and served to March 7, 1845. 

William L. Marcy, of New York, nominated and confirmed 
March 5, 1845; commissioned March 6, 1845; entered 
upon duties March 8, 1845; served through remainder 
of the administration. 

Attorney General. 

John Nelson, of Maryland, continued from last administra- 
tion; served to March 4, 1845. 



138 Executive Kegister of the United States 

John Y. Mason, of Virginia, nominated and confirmed 
Marcli o, 1845; commissioned Marcli 6, 1845; entered 
upon duties March 11, 1845; served to September 9, 
1846, on whicli day lie was appointed Secretary of the 
Kavy. 

Nathan Clieeord, of Maine, commissioned (recess of the 
Senate) October 17, 1846; entered upon duties October 
18, 1846; nominated December 14, 1846; confirmed and 
recommissioned December 23, 1846 ; served to March 18, 
1848, on which day he was appointed Special Commis- 
sioner to Mexico. 

Isaac Toucey, of Connecticut, nominated June 15, 1848; 
confirmed and commissioned June 21, 1848; entered 
upon duties Jime 29, 1848; served through remainder of 
the administration. 

Postmaster General. 

Charles A. Wickliefe, of Kentucky, continued from last 
administration; resigned and served to March 6, 1845. 

Cave Johnson, of Tennessee, nominated and confirmed 
March 5, 1845; commissioned March 6, 1845; entered 
uj)on duties March 7, 1845 ; served through remainder of 
the administration. 

Secretary oe the Navy. 

John Y. Mason, of Virginia, continued from last adminis- 
tration; served to March 10, 1845; appointed Attorney 
General March 6, 1845. 

George Bancroft, of Massachusetts, nominated March 5, 
1845 ; confirmed and commissioned March 10, 1845 ; 
entered upon duties March 11, 1845; served to Septem- 
ber 9, 1846, on which day he was appointed Envoy Ex- 
traordinary and Minister Plenipotentiary to England. 

John Y. Mason, of Virginia, commissioned (recess of the 
Senate) September 9, 1846; entered upon duties Sep- 
tember 10, 1846 ; resigned March 3, 1849, to take effect 
March 7, 1849. 



The ADMT>fisTRATiON OF James K. Polk 139 

[United States Statutes at Large, Vol. 9, p. 395.] 

Chap. CYUl.—An Act to establish the Home Department, Marchs, i849. 
and to provide for the Treasury Department an Assistant Sec- 
retary of the Treasury, and a Commissioner of the Customs. 

Be it enacted hy the Senate and House of Representatives New executive 

•^ department created, 

of the United States of America in Congress assembled. That, to be called the 

' ' 1 n m 1 -I "Department of 

from and after the passage of this act, there shall be created the interior." 
a new executive department of the government of the United 
States, to be called the Department of the Interior ; the head 
of which department shall be called the Secretary of the In- 
terior, who shall be appointed by the President of the United secretary of the 

_, Interior — ^how to 

States, by and with the advice and consent of the Senate, be appointed: 

. his salary. 

and who shall hold his office by the same tenure, and receive 
the same salary, as the Secretaries of the other executive de- 
partments, and who shall perform all the duties assigned to 
him by this act. 

Sec. 2. And he it further enacted, That the Secretary of secretary of the 

Interior to have 

the Interior shall exercise and perform all the acts of super- supervision of the 

. . patent office; 

vision and appeal in regard to the office of Commissioner ol 
Patents, now exercised by the Secretary of State; and the 
said Secretary of the Interior shall sign all requisitions for 
the advance or payment of money out of the treasury on esti- 
mates or accounts, subject to the same adjustment or control 
now exercised on similar estimates or accounts by the First 
or Fifth Auditor and First Comptroller of the Treasury. 

See. 3. And he it further enacted, That the Secretary of And of the General 
the Interior shall perform all the duties in relation to the 
General Land Office, of supervision and appeal, now dis- 
charged by the Secretary of the Treasury; and the said Sec- 
retary of the Interior shall sign all requisitions for the ad- 
vance or pa3aiient of money out of the treasury, on estimates 
or accounts, approved or certified by the Commissioner of the 
General Land Office, subject to the same control now exer- 
cised by the First Comptroller of the Treasury. 

Sec. 4. And he it further enacted, That the supervisory And of the accounts 

' of marshals, clerks, 

power now exercised by the Secretary of the Treasury over the and officers of 

•^ J .' .. Courts of the 

accounts of the marshals, clerks, and other officers of all the United states, &c. ; 



140 Executive Eegister of the United States 

courts of the United States, shall be exercised by the Secre- 
tary of the Interior, who shall sign all requisitions for the 
advance or payment of money out of the treasury, on esti- 
mates or accounts, subject to the same control now exercised 
on like estimates or accounts by the First Auditor and First 
Comptroller of the Treasury. 

And of the Sec. 5. And he it further enacted. That the Secretary of 
ind?aTAffairs"&c°! the Interior shall exercise the supervisory and appellate pow- 
ers now exercised by the Secretary of the War Department, in 
relation to all the acts of the Coromissioner of Indian Affairs ; 
and shall sign all requisitions for the advance or payment of 
money out of the treasury, on estimates or accounts, subject to 
the same adjustment or control now exercised on similar esti- 
mates or accounts by the Second Auditor and Second Comp- 
troller of the Treasury. 

And of the Scc. 6. And he it further enacted. That the Secretary of 

Commissioner of . _ . in • n • i n j 

Pensions, &c. ; the Interior shall exercise the supervisory and appellate pow- 
ers noAv exercised by the Secretaries of the War and Navy 
Departments, in relation to all the acts of the Commissioner 
of Pensions ; and. shall sign all requisitions for the advance 
or payment of money out of the treasury, on estimates or ac- 
counts, subject to the same adjustment or control now exer- 
cised on similar estimates or accounts by the Third or Fourth 
Auditors and Second Comptroller of the Treasury. 
And of the taking Scc. 7. And he it fuvthcr enacted. That the Secretary of 
of census, &c. ; the Interior shall exercise all the supervisory and appellate 
powers now exercised by the Secretary of State, in relation 
to all acts of marshals and others in taking and returning the 
census of the United States; and shall sign all requisitions 
for the advance or payment of money out of the treasury, 
on estimates or accounts, subject to the same adjustment or 
control now exercised over similar estimates and accounts by 
the Fifth Auditor and First Comptroller of the Treasury. 

'^uiermYnefoUhe ^^^' ^' ^^^ ^^ ^^ further enuctcd. That the supervisory 

u. states; and appellate powers now exercised by the Secretary of the 

Treasury over the lead and other mines of the United States, 

and over the accounts of the agents thereof, shall be exercised 



The Administration or James K. Polk 141 

by the Secretary of the Interior; who shall sign all requisi- 
tions for the advance or j^ayment of money out of the treas- 
ury, on estimates or accounts, subject to the same adjustment 
or control now exercised on similar estimates or accounts by 
the Second Auditor and Second Comptroller of the Treasury. 

Sec. 9. And he it further enacted, That the supervisory 
and appellate powers now exercised by the President of the 
United States over the Commissioner of Public Buildings, And of the 
shall be exercised by the Secretary of the Interior; who shall PuWi^Bu'iidTiigs, 
sign all requisitions for the advance or payment of money ^" 
. out of the treasury, on estimates or accounts, subject to the 
same adjustment or control now exercised on similar esti- 
mates or accounts by the Pirst Auditor and First Comptroller 
of the Treasury : Provided, That nothing in this section con- proviso, 
tained shall be construed to take from the presiding officers 
of the two Houses of Congress the power now possessed by 
them to make and enforce rules and regulations for the care, 
preservation, orderly keeping, and ]5olice of the Capitol, and 
its aj)purtenances. 

Sec. 10. And he it further enacted. That the Secretary of And over the 
the Interior shall have and exercise a supervisory power and Distrfct*o7^ °^ ^^^ 
control over the Board of Inspectors and warden of the Peni- *^°^"™'''*- 
tentiary of the District of Columbia ; and shall sign all requi- 
sitions for the advance or payment of money out of the treas- 
ury on estimates or accounts, subject to the same adjustment 
or control now exercised on similar estimates or accounts by 
the First Auditor and First Comptroller of the Treasury. 

Sec. 11. And he it further enacted. That the Secretary of secretary to appoint 
the Interior is hereby authorized to appoint a chief clerk of ms saiary!'^ 
his department, who shall receive a salary of two thousand 
dollars per annum; and that the President of the United 
States, on the recommendation of the said Secretary of the 
Interior, may transfer from the Treasury Department proper, 
to the Department of the Interior, such clerks in the office of certain clerks in 
the Secretary of the Treasury as perform the duties over which Department to be 

It .. -, ,, . in- lino transferred to the 

the supervision and control are given by this act to the becre- office of secretary 
tary of the Interior; which said clerks shall be hereafter sub- ° 



142 BxECFTiVE Eegistee of the United States 

Appointment of ject to the appointing and removing power of the Secretary 
clerks. ^£ ^Yie Interior, as also the clerks in the several bureaus here- 
tofore appointed or removable by the heads of departments, 
which bureaus are transferred by this act to the Department 
of the Interior. 



Approved, March. 3, 1849. 



THE ADMINISTRATION 
OF 

ZACHAEY TAYLOR 

March 5, 1849, to July 9, 1850 



144 Executive Eegister of the United States 



ELECTION FOR THE SIXTEENTH TERM, COMMENCING 4th MARCH. 
1849, AXD TERMINATING -3rd MARCH, 1853. 



o fS 



9 

6 
12 

4 

6 

6 
36 

7 
20 

3 

8 
17 
11 

9 
10 
12 
13 
33 

6 

6 

12 



STATES. 



Maine 

New Tlampsbire 
Massachusetts... 
Rhode Island. . . 

Connecticut 

Vermont 

New York 

New Jersey . . ■ ■ 
Pennsylvania . . 
Delaware.. . . . . 

Maryland 

Virginia 

North Carolina. 
South Carolina. 
Georgia... . , . . 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi . . . . 

Indiana 

Illinois. . . . . . 

Alabama 

Missouri 

Arkansas 

Michigan 

Florida 

Texas 

Iowa 

Wisconsin 



290, whole number ; 

necessary to elect, 146. 



Popular vote. 
Plurality . . . . 



President. 



H =w 



13 
4 
6 
6 

36 
7 

36 
3 



11 

10 
13 
13 



163 






1,360,101 
139,557 



17 



23 



13 
9 
9 
7 
3 
5 

4 
4 
4 



127 



V. President. 






13 
4 
6 
6 

36 
7 

26 
3 



11 

10 
13 
13 



1,330,-544 



163 



C 



17 
9 



23 



13 



127 



The Administration of Zachary Taylor 145 



Zachary Taylor, Louisiana (Died July 9, 1850). 
Millard Fillmore, New York. 

March 5, 1849, to July 9, 1850. 

Secretary of State. 

James Buchanan, of Pennsylvania, continued from last ad- 
ministration ; resigned and served to March 7, 1849. 

John M. Clayton, of Delaware, nominated March 6, 1849 ; 
confirmed and commissioned March 7, 1849; entered 
upon duties March 8, 1849 ; served through remainder of 
Taylor's administration. 

Secretary of the Treasury, 

Robert J. Walker, of Mississippi, continued from last ad- 
ministration; resigned and served to- March 5, 1849. 

McClintock Young (Chief Clerk), ad interim March G, 
1849, to March 7, 1849. 

William M. Meredith, of Pennsylvania, nominated March 
6, 1849 ; confirmed March 7, 1849 ; commissioned March 
8, 1849 ; entered upon duties same day ; served through 
remainder of Taylor's administration. 

Secretary of War. 

William L. Marcy, of New York, continued from last ad- 
ministration ; resigned and served to March 7, 1849. 

Reverdy Johnson, of Maryland (Attorney General), ad 
interim March 8, 1849, to March 13, 1849. 

George W. Crawford, of Georgia, nominated March 6, 
1849 ; confirmed March 7, 1849 ; commissioned March 8, 
1849; entered upon duties March 14, 1849; served 
through remainder of Taylor's administration. 

Attorney General. 

Isaac Toucey, of Connecticut, continued from last admin- 
istration; resigned and served to March 7, 1849. 



146 Executive Kegister of the United StxVTES 

Reverdy Johnson^ of Maryland, nominated March 6, 1849 ; 
confirmed March 7, 1849 ; commissioned March 8, 1849 ; 
entered upon duties same day ; served through remainder 
of Taylor's administration. 

Postmaster General. 

Cave Johnson, of Tennessee, continued from last adminis- 
tration; resigned and served to March 5, 1849. 

Selah R. Hobbie, of New York (First Assistant Postmas- 
ter General), ad interim March 6, 1849, to March 7, 
1849. 

Jacob Collamer, of Vermont, nominated March 6, 1849 ; 
confirmed March 7, 1849; commissioned March 8, 1849; 
entered upon duties same day ; served through remainder 
of Taylor's administration. 

Secretary op the Navy. 

John Y. Mason, of Virginia, continued from last adminis- 
tration; resigned and served to March 7, 1849. 

William B. Preston, of Virginia; nominated March 6, 
1849 ; confirmed March 7, 1849 ; commissioned March 8, 
1849 ; entered upon duties same day ; served through 
remainder of Taylor's administration. 

Secretary op the Interior.* 

Thomas Ewing, of Ohio, nominated March 6, 1849; eon- 
firmed March 7, 1849; commissioned March 8, 1849; 
entered upon duties same day; served through remainder 
of Taylor's administration. 

* Department of the Interior was established by act of March 
3, 1849. 



THE ADMINISTEATION 

OF 

MILLARD FILLMORE 



July 10, 1850, to March 3, 1853 



1-18 Executive Kegister of the United States 

[Domestic Letters, Department of State.] 
Department of State, 
Millard Fillmore, Washington, July 9, 1850. 

President of the United States. 
Sir: 

The melancholy and most painful duty devolves on us to 
announce to you that Zachary Taylor, late President of the 
United States, is no more. He died at the President's Man- 
sion this evening at half past ten o'clock. 
We have the honor to he, &c. 
John M. Clayton, Sec'y of State. 
W. M. Meredith, Sec'y of the Treas'y. 
T. EwiNG^ Secretary of the Interior. 
George W. Crawford, Sec'y of War. 
Wm. Ballard Preston, Sec'y of the Navy. 
J. CoLLAMER, Postmaster General. 

[Domestic Letters, Department of State.] 
Gentlemen: Washington, July 9, 1850. 

I have Just received your note conveying the melancholy 
and painful intelligence of the death of Zachary Taylor, late 
President of the United States. I have no language to ex- 
press the emotions of my heart. The shock is so sudden and 
unexpected that I am overwhelmed with grief. 

I shall avail myself of the earliest moment to communicate 
this sad intelligence to Congress; and shall appoint a time 
and place for taking the oath of office prescribed to the Presi- 
dent of the United States. You are requested to be present 
and witness the ceremony. I am, gentlemen &c. 

Millard Fillmore. 
To Hon. John M. Clayton, Secretary of State. 

Wm. M. Meredith, Secretary of the Treasury. 

T. EwiNG, Secretary of the Interior. 

Geo. W. Cravv^ford, Secretary of War. 

Wm. Ballard Preston, Secretary of the Navy. 

J. CoLLAMER, Postmaster General. 

Eeverdt Johnson, Attorney General. 



The Administkation of Millakd Fillmore 149 

[Journal of the House of Representatives, July 10, 1850.] 

Fellow-citizens of the Senate and House of Eepresentatives : 

I have to perform the melancholy duty of announcing to 
you that is has pleased Almighty God to. remove from this 
life Zachary Taylor, late President of the United States. 
He deceased last evening at the hour of half -past ten o'clock, 
in the midst of his family, and surrounded by affectionate 
friends, calmly and in the full possession of all his faculties. 
Among his last words were these, which he uttered with em- 
phatic distinctness : " I have always done my duty ; I am 
ready to die ; my only regret is for the friends I leave behind 
me." 

Having announced to 5'on, fellow-citizens, this most afflict- 
ing bereavement, and assuring joii that it has penetrated no 
heart with deeper grief than mine, it remains for me to say 
that I propose this day, at 12 o'clock, in the hall of the 
House of Eepresentatives, in presence of both houses of Con- 
gress, to take the oath j)rescribed by the constitution, to 
enable me to enter on the execution of the office which this 
event has devolved upon me. 

Millard Fillmore. 
Washington, July 10, 1850. 

President Fillmore took the oath at the time and place 
thus arranged, before Chief Judge William Cranch, of the 
Circuit Court of the District of Columbia, in the presence of 
the cabinet, the Senators and the Eepresentatives. He de- 
livered no inaugural, but later sent a written message instead. 



150 Executive Kegistek oe the United States 



MiLLAKD Fillmore^ New York, 

William K. King, Alabama, ] Presidents pro tempore 
David E. Atchison, Missouri. J of the Senate. 

July 10, 1850, to March 3, 1853. 

Seceetaey of State. 

John M. Clayton, of Delaware, continued from Taylor's 
administration; resigned July 9, 1850; served to July 
23, 1850. 

Daniel Webster, of Massachusetts, nominated and con- 
firmed July 20, 1850; commissioned July 22, 1850; 
entered upon duties July 23, 1850; died October 24, 
1852. 

Charles M. Conrad, of Louisiana (Secretary of War), ad 
interim October 25, 1852, to November 5, 1852. 

Edward Everett, of Massachusetts, commissioned (recess of 
the Senate) November 6, 1852 ; entered upon duties 
same day; nominated December 7, 1852; confirmed and 
recommissioned December 9, 1852; resigned March 3, 
1853. 

Secretary of the Treasury. 

William M. Meredith, of Pennsylvania, continued from 
Taylor's administration; resigned to take effect July 
22, 1850. 

Thomas Coewin, of Ohio, nominated and confirmed July 
20, 1850; commissioned July 23, 1850; entered upon 
duties same day; served through remainder of the ad- 
ministration. 

Secretary of War. 

vtEOrge W. Crawford, of Georgia, continued from Taylor's 
administration; resigned to take effect July 22, 1850. 

Edward Bates, of Missouri, nominated and confirmed July 
20, 1850; declined. 



The Administration of Millard Fillmore 151 

Samuel J. Anderson (Chief Clerk), ad interim July 23, 
1850. 

WiNFiELD Scott (Major General U. S. Army), ad interim 
July 34, 1850, to Aiig-ust 15, 1850. 

Charles M. Conrad, of Louisiana, nominated, confirmed 
and commissioned August 15, 1.850; entered upon duties - 
August 16, 1850; served through remainder of the ad- 
ministration. 

Attorney General. 

Eeverdy Johnson, of Maryland, continued from Taylor's 
administration; resigned and served to July 23, 1850. 

John J. Crittenden^ of 'Kentucky, nominated and eon- 
firmed July 30, 1850; commissioned July 33, 1850; 
entered upon duties August 14, 1850; served through 
remainder of the administration. 

Postmaster General. 

Jacob Collamer^ of Vermont, continued from Taylor's ad- 
ministration-; resigned and served to July 22, 1850. 

Nathan K. Hall^ of New York, nominated and confirmed 
July 20, 1850; commissioned July 23, 1850; entered 
upon duties same day; resigned August 31, 1852, to 
accept position of United States Judge for the northern 
district of New York; served to September 13, 1852. 

Samuel D. Hubbard, of Connecticut, nominated, confirmed 
and commissioned August 31, 1852 ; entered upon duties 
September 14, 1852; served through remainder of the 
administration. 

Secretary of the Navy. 

William B. Preston, of Virginia, continued from Taylor's 
administration; resigned July 10 1850; served to July 
.33, 1850. 
Lewis Warrington (Captain, IT. S. Navy), ad interim July 
23, 1850, to August 1, 1850. 
S. Doc. 196, 58-3—05 11 



153 EsECUTiVE Kegistek of the United States 

William A. Graham, of North Carolina, nominated and 
confirmed July 20, 1850; commissioned July 22, 1850; 
entered upon duties August 2, 1850; resigned June 28, 
1852; served to July 25, 1852. 

John P. Kennedy^ of Maryland, nominated, confirmed and 
commissioned July 22, 1852; entered upon duties July 
26, 1852; served through remainder of the administra- 
tion. 

Secretary of the Interior. 

Thomas Ewing^ of Ohio, continued from Taylor's adminis- 
tration; resigned to take effect July 22, 1850. 

James A. Pearce, of Maryland, nominated and confirmed 
July 20, 1850 ; declined. 

Daniel C. Goddard (Chief Clerk), ad interim July 23, 1850, 
to August 15, 1850. 

Thomas M. T. McKennan, of Pennsylvania, nominated, 
confirmed and commissioned August 15, 1850; entered 
upon duties August 16, 1850 ; served to August 26, 1850, 
on which day he resigned. 

Daniel C. Goddard (Chief Clerk), ad interim August 27, 
1850, to September 15, 1850. 

Alexander H. H. Stuart, of Virginia, nominated Septem- 
ber 11, 1850; confirmed and commissioned September 
12, 1850; entered upon duties September 16, 1850; 
served through remainder of the administratiou. 



THE ADMINISTEATION 
OF 

FEANKLIN PIERCE 

March 4, 1853, to March 3, 1857- 



154 Executive Register of the United States 



ELECTION FOR THE SEVENTEENTH TERM, COMMENCING 4th 
MARCH, 1853, AND TERMINATING 3kd MARCH, 1857. 





STATES. 


President. 


V. President. 


CO 

0). 

1 

fi O 


2a 

a ^ 
'^ 111 


CO "^ 

p =1-1 


&0 

a 

S OS 

. S 

« « 

a^ 


ii' 


8 


Maine 


8 
5 

4 
6 

85 
7 

27 
3 
8 

15 

10 
8 

10 

23 
6 
7 
13 
11 
9 
9 
4 
6 
3 
4 
4 
5 
4 


13 

5 

12 
12 


8 
5 

4 
6 

35 

7 
27 

3 

8 
15 
10 

8 
10 

23 

6 

7 
13 
11 

9 

9 

4 ■ 

6 

3 

4 

4 

5 

4 




5 


New Hampshire 




13 


Massachusetts 


13 


4 
6 
5 


R. Island & P. Plantations 

Connecticut . 

Vermont 


5 


35 


New York 




7 


New Jersey 




27 


Pennsyl /ania 




3 

8 

15 


Delaware 

Maryland 

Virginia 




10 


North Carolina 




8 
10 


South Carolina. . . 

Georgia 




13 


Kentucky 


12 


12 


Tennessee 


12 


23 


Ohio 




6 


Louisiana 




7 


Mississippi 




13 

11 


Indiana 

Illinois 




9 


Alabama 




9 


Missouri 




4 


Arkansas 




6 


Michigan 




3 


Florida 




4 


Texas 




4 


Iowa 




5 


Wisconsin 




4 


California 










296, whole nnmber ; 

necessary to elect, 149. 


254 


42 


254 


42 


Pop 
Plui 


iilar vote 


1,601,474 
214,896 


1,386,578 






ality 









The Administration of Franklin Pierce 155 



Franklin Pierce, New Hampshire. 

William R. King, Alabama (Died April 18, 1853). 

David R. Atchison, Missouri, " 

Lewis. Cass, Michigan, ^ _ 

T TA o T T Presidents pro tempore 

Jesse D. Bright, Indiana. ^ , j_-, c, , 

^ -no Tir- 1 • oi the benate. 

Charles E. Stuart, Michigan. 

James M. Mason, Virginia. J 

March 4, 1853, to March 3, 1857. 

Secretary of State. 

William Hunter (Chief Clerk), ad interim March 4, 1853, 
to March 7, 1853. 

William L. Marcy, of l^ew York, nominated, confirmed 
and commissioned March 7, 1853; entered upon duties 
March 8, 1853 ; served through remainder of the admin- 
istration. 

Secretary op the Treasury. 

Thomas Corwin, of Ohio, continued from last administra- 
tion; resigned and served to March 7, 1853. 

James Guthrie, of Kentucky, nominated, confirmed and 
commissioned March 7, 1853 ; entered upon duties March 
8, 1853; served through remainder of the administration. 

Secretary or War. 

Charles M. Conrad, of Louisiana, continued from last ad- 
ministration; resigned and served to March 7, 1853. 

Jefferson Davis, of Mississippi, nominated, confirmed and 
commissioned March 7, 1853; entered upon duties 
March 8, 1853 ; served to March 3, 1857. 

Samuel Cooper (Adjutant G-eneral. TJ. S. Army), ad interim, 
March 3, 1857. 



156 Executive Eegistek of the United States 

Attorney General. 

John J. Crittenden, of Kentucky, continued from last ad- 
ministration ; resigned and served to March 7, 1853. 

Caleb Cushing, of Massachusetts, nominated, confirmed and 
commissioned March 7, 1853 ; entered upon duties March 
8, 1853 ; served through remaiilder of the administration. 

Postmaster General. 

Samuel D. Hubbard, of Connecticut, continued from last 
administration; resigned and served to March 7, 1853. 

James Campbell, of Pennsylvania, nominated, confirmed 
and commissioned March 7, 1853; entered upon duties 
March 8, 1853; served through remainder of the admin- 
istration. 

Secretary of the Navy. 

John P. Kennedy, of Maryland, continued from last admin- 
istration; resigned and served to March 7, 1853. 

James C. Dobbin, of North Carolina, nominated, confirmed 
and commissioned March 7, 1853 ; entered upon duties 
March 8, 1853; served through remainder of the admin- 
istration. 

Secretary of the Interior. 

Alexander H. H. Stuart, of Virginia, continued from last 
administration ; resigned and served to March 7, 1853. 

Egbert McClelland, of Michigan, nominated, confirmed 
and commissioned March 7, 1853 ; entered upon duties 
March 8, 1853 ; served through remainder of the admin- 
istration. 



THE ADMINISTRATION 
OF 

JAMES BUCHANAN 

March 4, 1857, to March 3, 1861 



158 Executive Eegistek of the United Stv^tes 

ELECTION FOR THE EIGHTEENTH TERM, COMMENCING 4th MARCH, 
1857, AND TERMINATING 3rd MARCH, 1861. 






5 

13 

4 

6 

5 

35 

7 

27 

3 

8 

15 

10 

8 

10 

13 

13 

23 

6 

7 

13 

11 

9 

9 

4 

6 

3 

4 

4 

5 

4 



STATES. 



Maine 

New Hampshire 

Massachusetts 

R. Islajod and Provi- 
dence Plantations. 

Connecticut 

Vermont 

New Yorli 

New Jersey. 

Pennsylvan^t, 

Delaware 

Maryland 

Virginia 

North Carolina 

South Carolina 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan 

Florida 

Texas 

Iowa 

Wisconsin , 

California 



President. 






296, whole number; 

necessary to elect, 149. 



15 
10 

8 
10 
13 
13 



13 
11 



174 






5 
13 

4 

6 

5 

35 



114 



S o 



V. President. 



a® 



174 114 



fig 

r ® 
a o 



Popular vote. 
Plurality . . . . 



1,838,169 
496,905 



1,341,264 



874,534 



The iVDMiNisTRATiON OF James Buchanan 159 



James Buchanan,, Pennsylvania. 
John C. Breckinridge, Kentucky. 
March 4, 1S57, to March 3, 18G1. 

Secretary of State. 

William L. Marcy, of ISTew York, continned from last ad- 
ministration ; resigned March 4, 1857; served to March 
6, 1857. 

Lewis Cass^ of Michigan, nominated, confirmed and com- 
missioned March 6, 1857; entered upon duties same day; 
resigned December 12, 1860; served to December 14, 
1860. 

William Hunter (Chief Clerk), ad interim December 15, 
1860, to December 16, 1860. 

Jeremiah S. Black, of Pennsylvania, nominated December 
16, 1860; confirmed and commissioned December 17, 
1860; entered u.pon duties same day; nominated as Asso- 
ciate Justice of the Supreme Court of the United States 
February 5, 1861 ; nomination not acted upon by the 
Senate; resigned March 2, 1861, to take effect March 4, 
1861. 

Secretary of the Treasury. 

James Guthrie, of Kentucky, continued from last adminis- 
tration; resigned March 4, 1857; served to March 6, 
1857. 

Howell Cobb^ of Georgia, nominated, confirmed and com- 
missioned March 6, 1857 ; entered upon duties March 7, 
1857 ; resigned and served to December 8, 1860. 

Isaac Toucey, of Connecticut (Secretary of the Navy), ad 
interim December 10, 1860, to Decembei- 12, 1860. 

Philip F. Thomas, of Mar3dand, nominated December 10, 
1860; confirmed and commissioned December 12, 1860; 



160 Executive Kegistee of the United States 

entered upon duties December 13, 1860 ; resigned Janu- 
ary 11, 1861; served to January 14, 1861. 
John A. Dix, of ISTew York, nominated, confirmed and com- 
missioned January 11, 1861; entered upon duties Janu- 
ary 15, 1861; resigned March 2, 1861, to take effect 
Marcli 4, 1861. 

Seceetart of War. 

Samuel Cooper (Adjutant General, U. S. Army), ad interim 
from last administration to March 6, 1857. 

John B. Floyd, of Virginia, nominated, confirmed and com- 
missioned March 6, 1857; entered upon duties March 7, 
1857; resigned December 29, 1860; served to December 
31, 1860. 

Joseph Holt, of Kentucky (Postmaster General), ad interim 
January 1, 1861, to January 17, 1861. 

Joseph Holt, of Kentucky, nominated January 17, 1861; 
confirmed and commissioned January 18, 1861 ; resigned 
March 2, 1861, to take effect when successor shall be 
qualified. 

Attorney General. 

Caleb Gushing, of Massachusetts, continued from last ad- 
ministration; resigned March 4, 1857; served to March 
10, 1857. 

Jeremiah S. Black, of Pennsylvania, nominated, confirmed 
and commissioned March 6, 1857; entered upon duties 
March 11, 1857; served to December 19,_ 1860; commis- 
sioned Secretary of State December 17, 1860. 

Edwin M. Stanton, of Pennsylvania, nominated December 
19, 1860; confirmed and commissioned December 20, 
1860; entered upon duties December 22, 1860; resigned 
March 2, 1861, to take effect March 4,^1861. 

Postmaster General. 

James Campbell, of Pennsylvania, continued from last ad- 
ministration; resigned March 4, 1857; served to March 
6, 1857. 



The Administration of James Buchanan 161 

Aaron V. Brown^ of Tennessee, nominated, confirmed and 
commissioned March 6, 1857 ; entered upon duties March 
7, 1857; died March 8, 1859. 

Joseph Holt^ of Kentucky, nominated and confirmed March 
9, 1859 ; commissioned March 14, 1859 ; entered upon 
duties same day ; served to December 31, 1860. 

Horatio King^ of Maine (First Assistant Postmaster Gen- 
eral), ad interim January 1, 1861, to February 11, 1861. 

Horatio King, of Maine, nominated February 1, 1861 ; con- 
firmed and commissioned February 13, 1861; resigned 
March 3, 1861, to take effect March 4, 1861. 

Secretary of the Navy. 

James C. Dobbin, of North Carolina, continued from last 
administration; resigned March 4, 1857; served to March 

6, 1857. 

Isaac Toucey, of Connecticut, nominated, confirmed and 
commissioned March 6, 1857 ; entered upon duties March 

7, 1857 ; resigned March 1, 1861 ; served through remain- 
der of the administration. 

Secretary of the Interior. 

Egbert McClelland, of Michigan, continued from last ad- 
ministration; resigned March 4, 1857; served to March 

9, 1857. 

Jacob Thompson, of Mississippi, nominated, confirmed and 
commissioned March 6, 1857 ; entered upon duties March 

10, 1857; resigned January 8, 1861. 

Moses Kelly (Chief Clerk), ad interim January 10, 1861, 
to close of the administration. 



THE ADMINISTRATION 
OF 

ABEAHAM LINCOLN 

FIKST TEEM 
March 4, 1861, to March 3, 1865 



164 ExECFTiVE Register of the United States 



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The Administeation of Abraham Lincoln 165 



Abraham Lincoln, Illinois. 

Hannibal Hamlin, Maine. 

March 4, 1861, to March 3, 1865. 

Secretary of State. 

Jeremiah S. Black^ of Pennsylvania, continued from last 
administration; resigned; served to March 6, 1861. 

William H. Seward, of New York, nominated, conj&rmed 
and commissioned March 5, 1861; entered upon duties 
March 6, 1861; served through remainder of the ad- 
ministration. 

Secretary of the Treasury. 

John A. Dis^ of New York, continued from last adminis- 
tration; resigned, and served to March 6, 1861. 

Salmon P. Chase, of Ohio, nominated, confirmed and com- 
missioned March 5, 1861; entered upon luties March 
7, 1861; resigned June 29, 1864; served to June 30, 
1864. 

David Tod^ of Ohio, nominated June 30, 1864; declined 
and nomination withdrawn July 1, 1864. 

GrEORGE HARRINGTON^ of the District of Columbia (Assistant 
Secretary), ad interim July 1, 1864, to July 4, 1864. 

William P. Pessenden, of Maine, nominated, confirmed 
and commissioned July 1, 1864; entered upon duties 
July 5, 1864; resigned February 6, 1865, to take effect 
March 3, 1865. 

Edwin D. Morgan, of New York, nominated February 13, 
1865, to take effect March 3, 1865; declined, and nomin- 
ation withdrawn February 13, 1865. 

Secretary of War. 
Joseph Holt^ of Kentucky, continued from last administra- 
tion; resigned, and served to March 10, 1861. 



166 Executive Eegistek of the United States 

Simon Cameeon^ of Pennsylvania, nominated, confirmed and 
commissioned Marcli 5, 1&61; entered upon duties 
March 11, 1861; resigned Jamiary 11, 1862; served to 
January 19, 1862; appointed Envoy Extraordinary and 
Minister Plenipotentiary to Russia January 17, 1862. 

Edwin M. Stanton, of Pennsylvania, nominated January 
13, 1862; confirmed and commissioned January 15, 
1862; entered upon duties January 20, 1862; served 
through remainder of the administration. 

Attorney General. 

Edwin M. Stanton, of Pennsylvania, continued from last 
administration; resigned, and served to March 5, 1861. 

Edward Bates^ of Missouri, nominated, confirmed and com- 
missioued March 5, 1861; entered upon duties March 
6, 1861; resigned November 24, 1864, to take effect 
November 30, 1864. 

Joseph Holt^ of Kentucky, commissioned (recess of the 
Senate) December 1, 1864; declined. 

James Speed^ of Kentucky, commissioned (recess of the 
Senate) December 2, 1864; entered upon duties Decem- 
ber 5, 1864; nominated December 5, 1864; co-nfirmed 
and recommissioned December 12, 1864; served through 
remainder of the administration. 

Postmaster General, 

Horatio King^ of Maine, continued from last administra- 
tion; resigned, and served to March 9, 1861. 

Montgomery Blair^ of the District of Columbia,' nominated, 
confirmed and commissioned March 5, 1861; entered 
upon duties March 9, 1861; resigned September 23, 
1864; served to September 30, 1864. 

William Dennison, of Ohio, commissioned (recess of the 
Senate) September 24, 1864; entered upon duties Oc- 
tober 1, 1864; nominated December 5, 1864; confirmed 
and recommissioned December 8, 1864; served through 
remainder of the administration. 



The Administration of Abraham Lincoln 167 

Secretary of the Navy, 

Isaac Toucey^ of Connecticut, continued from last admin- 
istration; resigned, and served to March 6, 1861. 

Gideon Welles^ of Connecticut, nominated, confirmed and 
commissioned March 5, 1861; entered upon duties March 
7, 1861; served through remainder of the administra- 
tion. 

Secretary of the Interior. 

Moses Kelly (Chief Clerk), ad interim irom last adminis- 
tration to March 4, 1861. 

Caleb B. Smith, of Indiana, nominated, confirmed and 
commissioned March 5, 1861; entered upon duties same 
day; served to December 31, 1863; resigned to accept 
Circuit Court Judgeship for Indiana. 

John P. Usher, of Indiana (Assistant Secretar}^), ad in- 
terim January 1, 1863, to January 10, 1863. 

John P. Usher, of Indiana, nominated January 5, 1863; 
confirmed and commissioned January 8, 1863; quali- 
fied January 10, 1863; served through remainder of the 
administration. 

[United States Statutes at Large, Vol. 12, p. 656.] 

' Chap. XLV.- — An Act temporarily to supply Vacancies In Feb. 20, ises. 
the Executive Departments in Certain Cases. 

Be it enacted hy the Senoste and House of Representatives vacancies in 
of the United States of America in Congress assembled;, That ments, how aiied. 
in case of the death, resignation, absence from the seat of 
Government, or sickness, of the head of any Executive 
Department of the Government, or of any officer of either 
of the said Departments whose appointment is not in the 
head thereof, whereby they cannot perform the duties of 
their respective offices, it shall be lawful for the President 
of the United States, in case he shall think it necessary, 
to authorize the head of any other Executive Department, 
or other officer in either of said Departments, whose ap- 
S. Doc 196, 58-3—05 12 



168 ExECFTivE Eegister of the United States 

pointment is vested in the President, at his discretion, to 
perform the duties of the said respective offices until a suc- 
cessor be appointed, or until such absence or inability by 
For what time, sickncss shall ccasc : Provided, That no one vacancy shall 
be supplied in manner aforesaid for a longer term than six 
months. 
Repealing clause. Sec. 2. And be it further enacted. That all acts or parts of 
acts inconsistent with the provisions of this act are hereby 
repealed. 

Approved, February 20, 1863. 



THE ADMINISTEATION 
OF 

ABKAHAM LINCOLN 

SECOND TERM 
March 4, 1865, to April 15, 1865 



170 Executive Eegistek of the United States 



ELECTION FOR THE TWENTIETH TERM, COMMENCING 4th MARCH, 
1865, AND TERMINATING 3rd MARCH, 1869. 





STATES. 


President. 


Vice President. 


o 

o 2 


d 
o 
a . 

S.S 

^ o 

< 


S 
o 'S, 

o --M 
a> o 
C5 


d 

i 6 

a '^ 

^§ 
^§ 
£ H 

"C <4-l 

a o 
< 


a 
o 

S 

W .2 
oj .a 
bco 

O <H 

® o 

'J5 


7 


Maine 


7 
5 

12 
4 
6 
5 

33 

26 

7 

21 

13 
16 

11 

8 

8 
8 
5 
4 
3 
3 
5 
2 


3 


7 
5 

12 
4 
6 
5 

33 

26 

7 

21 

13 
16 

ii 

8 

8 
8 
5 
4 
3 
3 
5 
2 




5 
12 

4 
'6 


New Hampshire 

Massachusetts . 

Rhode Island 

Connecticut 




5 


Vermont 




33 


New York . . . .' 




7 


New Jersey 


7 


26 
3 


Pennsylvania 

Delaware 


3 


7 


Maryland 






Virginia 






North Carolina 

South Carolina 

Georgia 


.. 


11 




11 




Tennessee 




21 


Ohio 






Louisiana 






Mississippi 




13 


Indiana 




16 


Illinois 






Alabama 


, 


11 


Missouri 






Arkansas 




8 


Michigan 






Florida 






Texas 




8 


Iowa 




8 


Wisconsin 




5 


California 




4 


Minnesota 




3 


Oregon 




3 


Kansas 




5 
2 


West Virginia 

Nevada , .... 




233, whole number; 

necessary to elect, 117. 


212 


21 


212 


^1 


Pop 
Plui 


alar vote 


2,216,067 
407,342 


1,808,725 






ality 









The Administration of Abraham Lincoln 171 



Abraham Lincoln, Illinois (Died April 15, 1865). 
Andrew Johnson^ Tennessee. 

March 4, 1865, to April 15, 1865. 

Secretary of State. 

William H. Seward, of New York, continued from last ad- 
istration; served through remainder of Lincoln's ad- 
ministration. 

Secretary of the Treasury. 

George Harrington, of the District of Columbia (Assistant 
Secretary) ad interim March 4, 1865, to March 8, 1865. 

Hugh McCulloch, of Indiana, nominated March 6, 1865; 
confirmed and commissioned March 7, 1865; entered 
upon duties March 9, 1865; served through remainder 
of Lincoln's administration. 

Secretary of War. 

Edwin M. Stanton, of Pennsylvania, continued from last 
administration; served through remainder of Lincoln's 
administration. 

Attorney General. 

James Speed, of Kentucky, continued from last administra- 
tion; served through remainder of Lincoln^s admin- 
istration. 

Postmaster General, 

William Dennison, of Ohio, continued from last adminis- 
tration; served through remainder of Lincoln's admin- 
istration. 

Secretary or the Navy. 

Gideon Welles, of Connecticut, continued from last admin- 
istration; served through remainder of Lincoln's ad- 
ministration. 



173 Executive Kegister of the United States 

Secretary of the Interior. 

John P. Usher^ of Indiana, continued from last adminis- 
tration; resigned March 8, 1865; accepted "to take ef- 
fect May 15, 1865 "; served through remainder of Lin- 
coln's administration. 

Jambs Harlan, of Iowa, nominated March 9, 1865, to take 
effect May 15, 1865; confirmed March 9, 1865. (See 
next administration.) 



THE ADMINISTRATIOlir 
OF 

ANDREW JOHNSON 

April 15, 1865, to March 3, 1869 



174 Executive Kegistee of the United States 



[Miscellaneous Letters to Department of State.] 

Washington City, D. C. 
Sir: April 15, 1865. 

Abraham Lincoln, President of the United States, was 
shot by an assassin last evening at Ford's Theater in this 
city and died at the hour of 32 minutes after seven o'clock. 

About the same time at which the President was shot, 
an assassin entered the sick chamber of the Hon. Wm. H. 
Seward, Secretary of State, and stabbed him in several 
places, in the throat, neck, and face severely if not mortally 
wounding him. Other members of the Secretary's family 
were dangerously wounded by the assassin while making his 
escape. 

By the death of President Lincoln, the office of President 
has devolved under the constitution upon you. The emer- 
gency of the government demands that you should imme- 
diately qualify, according to the requirements of the con- 
stitution, and enter upon the duties of President of the 
United States. If you will please make known your pleas- 
ure, such arrangements as you deem proper will be made. 

Your obedient servants, 
Hugh McCullogh, Secretary of the Treasury. 
Edwin M. Stanton^ Secretary of War. 
Gideon Welles, Secretary of the ISTavy. 
W. Dennison, Postmaster General. 
J. P. Usher, Secretary of the Interior. 
James Speed, Attorney General. 
To Andrew Johnson, 

Vice President of the United States. 

[The National Intelligencer, April 17, 1865.] 
Mr. Johnson responded that it would be agreeable to 
hrni to qualify himself for the high office to which he had 
been so imexpectedly called, under such melancholy circum- 
stances, at his rooms at the Kirkwood Hotel, and at 11 
o'clock A. M. the oath of office was administered to him 



The Administration of Andrew Johnson 175 

by Chief Justice Chase, of the Supreme Court of the United 
States, in the presence of nearly all the Cabinet officers, the 
Hon, Solomon Foot, United States Senator from Vermont; 
the Hon. Alexander Eamsey, United States Senator from 
Minnesota; the Hon. Eichard Yates, United States Senator 
from Illinois; the Hon. John P. Hale, late Senator from 
New Hampshire, who has lately been appointed ambassador 
to the court of Madrid; General Farnsworth of the House of 
Eepresentatives, from Illinois ; F. P. Blair, Sr., Esq. ; Hon. 
Montgomery Blair, late Postmaster General, and some 
others. 

The President said: 

" Gentlemen : I must be permitted to remark that I 
have been almost overwhelmed by the announcement of 
the solemn event that has occurred; and I feel the heavy 
responsibilities which I have just undertaken. At such a 
time as this I may not be expected to give any exposition of 
the policy that will be pursued in the administration of the 
Government. My acts through a series of years will indi- 
cate with sufficient clearness the principles by which I shall 
be governed. My past history, in connection with the rebel- 
lion by which the whole land has been afflicted, will fore- 
shadow what my future course will be. I shall be governed 
by the great principles of human rights, on which is based 
free republican government. To the maintenance of those 
principles I have devoted my best energies. My life, as a 
public servant, has been a laljorious one. Duties have 
been mine; consequences have been God's. The correct- 
ness of my acts will be subjected to an enlightened and just 
public judgment, and I shall enter upon the discharge of 
my duties with a fixed and unalterable determination to 
carry out the first principles of the Government, and to 
assist it in the great effort that is now being made to place 
freedom upon a more enduring basis than that on which 
it has heretofore stood. I shall look to you, gentlemen, and 
to others, for encouragement, and for counsel, and for sup- 
port, in the faithful discharge of my duties as the Executive 
of the United States." 



176 Executive Register of the Un"ited States 

I do solemnly swear that I will faitlifully execute the office 
of President of the United States, and will to the best of my 
ability preserve, protect and defend the Constitution of the 
United States. . 

Andrew Johnson", 

I, Salmon P. Chase, Chief Justice of the Supreme Court 
of the United States, hereby certify that on this fifteenth 
day of April, Eighteen hundred & sixty five, at the City of 
Washington in the District of Columbia, personally ap- 
peared Andrew Johnson, Vice President, upon whom by the 
death of Abraham Lincoln, late President, the duties of the 
office of President of the United States have devolved, 
& took & subscribed the oath of office above set forth. 

Salmon P. Chase^ 
C. J. S. C. U. S. 



The Administration of Andrew Johnson 177 



Andrew Johnson, Tennessee. 

Lafayette S. Foster, Connecticut. ) Presidents pro tempore 

Benjamin P. Wade, Ohio. i of the Senate. 

April 15, 1865, to March 3, 1869. 

Secretary of State. 

William H. Seward, of New York, continued from Lin- 
coln's administration; resigned March 3, 1869. 

Secretary of the Treasury. 

Hugh McCulloch, of Indiana, continued from Lincoln's 
administration; resigned March 3, 1869. 

Secretary of War, 

Edwin M. Stanton, of Pennsylvania, continued from Lin- 
coln's administration; suspended August 13, 1867. 

Ulysses S. Grant (General of the Army), ad interim Au- 
gust 12, 1867, to January 13, 1868. 

Edwin M. Stanton, of Pennsylvania, resumed charge Jan- 
uary 14, 1868, under a resolution of the Senate of Jan- 
uary 13, 1868, refusing to concur in his suspension. 
Eemoved hy the President February 21, 1868. The 
Senate sustained his refusal to resign, and he contin- 
ued until May 26, 1868, after the failure of the im- 
peachment, when he " relinquished the office," turning 
over the records, etc., to Brevet Major General Town- 
send. 

Lorenzo Thomas (Adjutant General, U. S. Army), desig- 
nated Secretary of War ad interim February 21, 1868. 
Stanton refused to recognize him, and continued in ac- 
tual charge. 

Thomas Ewing, Sr., of Ohio, nominated February 22, 1868 ; 
not acted upon. 



178 Executive Eegistee of the United States 

John M. Schofield, nominated April 23, 1868; confirmed 
and commissioned May 28, 1868; entered upon duties 
June 1, 1868; served tlirough remainder of the ad- 
ministration. 

Attorney General. 

James Speed^ of Kentucky, continued from Lincoln's ad- 
ministration; resigned July 16, 1866. 

J. HuBLEY Ashton^ of Pennsylvania (Assistant Attorney 
General), acting July 17, 1866, to July 24, 1866. 

Heney Stanbery, of Ohio, nominated July 20, 1866 ; con- 
firmed and commissioned July 23, 1866; entered upon 
duties July 21, 1866; resigned March 11, 1868; served 
to March 12, 1868. 

Orville H. Browning^ of Illinois (Secretary of the In- 
terior), ad interim March 13, 1868, to July 19, 1868. 

Henry Stanbery^ of Ohio, nominated May 27, 1868 ; re- 
jected June 2, 1868. 

William M. Evarts^ of New York, nominated June 22, 
1868; confirmed and commissioned July 15, 1868; en- 
tered upon duties July 20, 1868 ; resigned March 3, 1869. 

Postmaster General. 

William Dennison^ of Ohio, continued from Lincoln's ad- 
ministration; resigned July 11, 1866; served to July 16, 
1866. 

Alexander W. Eandall, of Wisconsin (First Assistant 
Postmaster General), ad interim July 17, 1866, to July 
24, 1866. 

Alexander W. Randall, of Wisconsin, nominated July 14, 
1866; confirmed and commissioned July 25, 1866; qual- 
ified same day; resigned March 1, 1869, to take efEect 
March 4, 1869. 

Secretary of the Navy. 

Gideon Welles, of Connecticut, continued from Lincoln's 
administration; resigned March 3, 1869. 



The Administration of Andrew Johnson 179 

Secretary of the Interior. 

John P. Usher^ of Indiana, continued from Lincoln's ad- 
ministration; resigned, and served to May 15, 1865. 

James Harlan^ of Iowa (nominated March 9, 1865, to take 
effect May 15, 1865; confirmed March 9, 1865;) com-_ 
missioned May 15, 1865; entered upon duties May 16, 
1865; resigned July 27, 1866, to take effect September. 
1, 1866; served to August 31, 1866. 

Orville H. Browning, of Illinois, nominated, confirmed 
and commissioned July 27, 1866, to take effect Septem- 
ber 1, 1866; entered upon duties September 1, 1866; 
resigned March 3, 1869. 

[United States Statutes at Large, Vol. 14, p. 430.] 

Chap. CLIV. — An Act regulating the Tenure of certain u^rch 2, iser. 
Civil Offices. 

Be it enacted by the Senate and House of Representatives persons holding or 
of the United States of America in Congress assembled, That cMi'ofiice, to^°^ 

iij. ••iir: X I'lii 1 hold the same 

every person holding any civil oince to which he has been until, &c. 

appointed by and with the advice and consent of the Senate, 

and every person who shall hereafter be appointed to any 

such office, and shall become duly qualified to act therein, 

is, and shall be entitled to hold such office until a successor 

shall have been in like manner appointed and duly qualified, 

except as herein otherwise provided: Provided, That the The Secretaries ot 

Secretaries of State, of the Treasury, of War, of the Navy, mentsTolioid^^'^ " 

and of the Interior, the Postmaster-General, and the Attor- subfectto '^' 

ney General, shall hold their offices respectively for and "^^"^^ • 

during the term of the President by whom they may have 

been appointed and for one month thereafter, subject to 

removal by and with the advice and consent of the Senate. 

Sec. 2. And be it further enacted. That when any officer when civil 
appointed as aforesaid, excepting judges of the United &cf shairbecome 
States courts, shall, during a recess of the Senate, be shown, the President 
by evidence satisfactory to the President, to be guilty of them'^and%point 

T , . nr> • c 1 n 1 persons temporarily 

misconduct m oihce, or crime, or tor any reason shall become to such offices. 
incapable or legally disqualified to perform its duties, in such 



180 Executive Register of the United States 

case, and in no other, the President may suspend such officer 
and designate some suitable person to perform temporarily 
the duties of such office until the next meeting of the Senate, 
and until the case shall he acted upon by the Senate, and 
Such persons to sucli pcrsou SO designated shall take the oath and give the 

take the oaths and , , -iii ji_li t • ixi 

give the bonds, bouds required by law to be taken and given by the person 

duly appointed to fill such office; and in such case it shall be 

The President to the duty of the President, Avithin twenty days after the first 

'^'^^pensTons and day of such ucxt meeting of the Senate, to report to the 

appointments to (-^ , , . ■ n ±i -i n j? 

the Senate. Seiiatc such susponsiou. With the evidence and reasons tor 

his action in the case, and the name of the person so desig- 

if Senate concurs, uatcd to perform the duties of such office. And if the 

the President rNinn • i • t n • ^ 

may remove the Senate sliall COllCUr lU SUCh SUSpCUSlOn and advise and con- 
appoint "successor, sent to the removal of such officer, they shall so certify to the 
President, who may thereupon remove such officer, and, by and 
with the advice and consent of the Senate, appoint another 
If Senate does persou to such officc. But if the Senate shall refuse to 
suspended^ofBcOT concur in sucli suspcnsiou, such officer so suspended shall 
resumes his office, forthwith rosumc the fuuctious of his office, and the powers 
Provisions as to of the pcrsoii SO performing its duties in his stead shall cease, 
^^ the'suspenTion! aiid the official Salary and emoluments of such officer shall, 
during such suspension, belong to the person so performing 
Proviso, the duties thereof, and not to the officer so suspended : Pro- 
vided, hoivever, That the President, in case he shall become 
satisfied that such suspension was made on insufficient 
grounds, shall be authorized, at any time before reporting 
Suspension may sucli suspcusion to the Senate as above provided, to revoke 
officer reinstated, such suspcnsion and reinstate such officer in the performance 

' of the duties of his office. 
Vacancies happen- Scc. 3. And he it further enacted, That the President shall 
recess o1 the have powcr to fill all vacancies which may happen during 

Senate, how to ^ ^ , i o, t p -, ^ . 

be filled, the rcccss 01 the Senate, by reason of death or resignation, 
by granting commissions which shall expire at the end of 
When office their next session thereafter. And if no appointment, by 
abeyance, and witli the advice and consent of the Senate, shall be made 
to such office so vacant or temporarily filled as aforesaid 
during such next session of the Senate, such office shall re- 
main in abeyance, without any salary, fees, or emoluments 



The Administration of Andrew Johnson 181 

attached theretO;, until the same shall be filled by appoint- 

ment thereto, by and with the advice and consent of the 

Senate; and during such time all the powers and duties be- Powers of office 

longing to such office shall be exercised by such other officer period, to be 

GXGrcisGci 

as may by law exercise such powers and duties in case of a by whom. 
vacancy in such office. 

Sec. 4. Andie it further enacted. That nothing in this act No term of 
contained shall be construed to extend the term of any office by this act. 
the duration of which is limited by law. 

Sec. 5. And he it further enacted, That if any person shall, Penalty for 
contrary to the provisions of this act, accept any appointment exercising office 
to or employment in any office, or shall hold or exercise or this act. 
attempt to hold or exercise, any such office or employment, 
he shall be deemed, and is hereby declared to be, guilty of 
a high misdemeanor, and, upon trial and conviction thereof, 
he shall be punished therefor by a fine not exceeding ten 
thousand dollars, or by imprisonment not exceeding five 
years, or both said punishments, in the discretion of the 
court. 

Sec. 6. And he it further enacted, That every removal, The removal, or 
appointment, or employment, made, had, or exercised, con- apDointmeiit,°or 

, j_ii •• Pit- I -in !• •• Issuing, &c. of a 

trary to the provisions oi this act, and the making, signing, commission, &c. 

T ... . . „ . . of any person 

sealing, countersigning, or issuing ot any commission or contrary to this 

letter of authority for or in respect to any such appointment mis'demeaiior.^and 

or employment, shall be deemed, and are hereby declared ^°^ ^ 

to be, high misdemeanors, and, upon trial and conviction 

thereof, every person guilty thereof shall be punished by a 

fine not exceeding ten thousand dollars, or by imprisonment 

not exceeding five years, or both said punishments, in the 

discretion of the court: Provided, That the President shall proviso. 

have power to make out and deliver, after the adjournment 

of the Senate, commissions for all officers whose appointment 

shall have been advised and consented to by the Senate. 

Sec. 7. And he it further enacted, That it shall be the 
duty of the Secretary of the Senate, at the close of each secretary of 
session thereof, to deliver to the Secretary of the Treasury, end of each 
and to each of his assistants, and to each of the auditors, and lists of nominations 
to each of the comptrollers in the treasury, and to the treas- 



182 Executive Eegister of the United States 

urer, and to the register of the treasury, a full and complete 

list, duly certified, of all the persons who shall have been 

nominated to and rejected by the Senate during such session, 

and a like list of all the offices to which nominations shall 

have been made and not confirmed and filled at such session. 

The President to Scc. 8. And he it further enacted, That whenever the Pres- 

tary of'the^'Trea^sury idcut shall, without the advicc and consent of the Senate, 

made'In^ppoin?- designate, authorize, or employ any person to perform the 

without the°Mn- duties of any office, he shall forthwith notify the Secretary 

sent of the senate. ^_j the Trcasuiy thereof; and it shall be the duty of the 

Duty of the Secretary of the Treasury thereupon to communicate such 

^^sueif case" notice to all the proper accounting and disbursing officers 

of his department. 

Money not to Scc. 9. And he it further enacted, That no money shall 

received by ,°any be. paid or rcccivcd from the treasury, or paid or received 

^^"^^To this a(Z from or retained out of any public moneys or funds of the 

United States, whether in the treasury or not, to or by or 

for the benefit of any person appointed to or authorized to 

act in or holding or exercising the duties or functions of any 

No claim or ofiice Contrary to the provisions of this act; nor shall any 

account, &c. for n • , i n x-j:? x j_ li 

such payment, to Claim, account, vouclier, order, certificate, warrant, or other 

be approved, &c. •. , • t j> ij-j i j 

instrument providing tor or relating to such payment, re- 
ceipt, or retention, be presented, passed, allowed, approved, 
certified, or paid by any officer of the United States, or by 
any person exercising the functions or performing the duties 
of any office or place of trust under the United States, for 
or in respect to such office, or the exercising or performing 
Violations ot this the f uuctions or duties thereof; and every person who shall 

section declared • -i , <.,i .. p,t- ,• tut i -i 

high misdemeanors. Violate any 01 the provisious 01 this section shall be deemed 
^" therSor! guilty of a high misdemeanor, and, upon trial and convic- 
tion thereof, shall be punished therefor by a fine not exceed- 
ing ten thousand dollars, or by imprisonment not exceeding 
ten years, or both said punishments, in the discretion of the 
court. 

Schuyler Colfax, 
SpeaTvcr of the House of Representatives. 

Lafayette S. Fostee, 
President of the Senate^ pro tempore. 



The Administration of Andrew Johnson 183 

In the Senate of the United States, 
March 2, 1867. 
The President of the United States having returned to 
the Senate, in which it originated, the bill entitled " An act 
regulating the tenure of certain civil offices," with his objec- 
tions thereto, the Senate proceeded, in pursuance of the 
Constitution, to reconsider the same; and 

Resolved, That the said bill do pass, two thirds of the 
Senate agreeing to pass the same. 
Attest: J. W. Forney, 

Secretary of the Senate. 

In the House of Eepresentatives, U. S. 
March 2, 1867. 
The House of Eepresentatives having proceeded, in pur- 
suance of the Constitution, to reconsider the bill entitled 
" An act regulating the tenure of certain civil offices," re- 
turned to the Senate by the President of the United States, 
with his objections, and sent by the Senate to the House of 
Eepresentatives, with the message of the President return- 
ing the bill: 

Resolved, That the bill do pass, two thirds of the House of 
Eepresentatives agreeing to pass the same. 

Attest: Edwd. McPheeson, 

Clerh. 

[United States Statutes at Large, Vol. 15, p. 168.] 

Chap. CCXXVII. — An Act to authorize the temporary j^iy 23,1868. 
Supplying of Vacancies in the Executive Departments. 

Be it enacted hy the Senate and Hov^e of Representatives in case of the 
of the United States of America in Congress assembled^ That&c. 0/ head of' 
in case of the death, resignation, absence, or sickness of the department)'' 
head of any executive department of the government, the the duties: 
first or sole assistant thereof shall, unless otherwise directed 
by the President of the United States, as is hereinafter pro- 
vided, perform the duties of such head until a successor be 
appointed, or such absence or sickness shall cease, 
S. Doc. 196, 58-3—05 13 



18-1 Executive Eegister of the United States 
-Sec. 2. And he it further enacted, 

* si: * * * * * 

No appointment And HO appointment, designation, or assignment other- 
ex*c°ept^tTfiii wise than as is herein provided, in the cases mentioned in the 
plnSgTuS first, second, and third sections of this act, shall be made 
thelenatef exccpt to fill a vacancj happening during the recess of the 
Senate. 
Head of other Scc. 3. And he it further enacted, That in sltij ot the casBS 
partnfentr&cl'may hereinbefore mentioned it shall be lawful for the President 
perform^duties° of the United States, in his discretion, to authorize and 
direct the head of any other executive department or other 
officer in either of those departments, whose appointment is, 
by and with the advice and consent of the Senate, vested in 
the President, to perform the duties of the office vacant as 
aforesaid until a successor be appointed, or the sickness or 
but fornot more abscnce of the incumbeut shall cease: Provided^ That noth- 
ing in this act shall authorize the supplying as aforesaid a 
vacancy for a longer period than ten days when such vacancy 
shall be occasiiDued by death or resignation, and the officer 
so performing the duties of the office temporarily vacant 
shall not l^e entitled to extra comjaensation therefor : * * 



than ten days, &c. 



sistent laws. 



Repeal of incon- Scc. 4. And he it further enacted. That all acts heretofore 
passed on the subject of temporarily supplying vacancies 
in the executive departments, or which empower the Presi- 
dent to authorize any person or persons to perform the 
duties of the head of any executive department, or of any 
officer in either of the departments, in case of a vacancy 
therein or inability of such head of a department or officer 
to discharge the duties of his office, and all laws inconsistent 
with the provisions of this act, be, and the same are hereby, 
repealed. 

Approved, July 23, 1868. 

Article XIV. of the Amendments to the Constitution of 
the United States. * 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 



The AuMiNisTRATioisr of Andrew Johnson 185 

of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law; nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State, exclud- 
ing Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice 
President of the United States, Eepresentatives in Congress, 
the Executive and Judicial officers of a State, or the members 
of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis 
of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in 
such State. 

Section 3. No person shall be a Senator or Representa- 
tive in Congress, or elector of President and Vice President, 
or hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath, as 
a member of Congress, or as an officer of the United States, 
or as a member of any State legislature, or as an executive 
or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two-thirds 
of each House, remove such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or pay 
any debt or obligation incurred in aid of insurrection or 



186 Executive Registee of the United States 

rebellion against the United States, or any claim for the loss 
or emancipation of any slave; but a:ll such debts, obligations 
and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

Note. — The Fourteenth Amendment was declared to be a part 
of the Constitution of the United States by a concurrent resolu- 
tion of Congress of July 21, 1868, and by proclamation of the 
Secretary of State, dated July 28, 1868. 



THE ADMINISTEATION 
OF 

ULYSSES S. GRANT 

FIEST TEEM 
March 4, 1869, to March 3, 1873 



188 Executive Segistee of the United States 



ELECTION FOR THE TWENTY-FIRST TERM, COMMENCING 4th 
MARCH, 1860, AND TERMINATING^ 3rd MARCH, 1873. 





STATES. 


President. 


Vice President. 


m 

o 

\> 
"SI 

® -p 
P o 

a. 5 


4^ M 

11 

03 *j 
. O 


OQ fe 
O ® 

g=s 

K 


t(-l 


1^ 't, 


7 


Maine 


7 
5 
13 
4 
6 
5 

26 

9 
6 

10 
21 

13 
16 
8 
11 
5 
8 
3 

8 
8 
5 
4 

3 

5 
3 
3 


33 

7 

3 

7 

11 

7 

3 


7 
5 
12 
4 
6 
- 5 

26 

9 
6 

10 
21 

13 
16 
8 
11 
5 
8 
3 

8 
8 
5 
4 

's 

5 
3 
3 




5 

12 

4 

6 


New Hampshire 

Massachusetts. ....... 

Rhode Island 

Connecticut 




5 


Vermont 




33 

7 


New York. 

New Jersey 


33 

7 


26 

3 


Pennsylvania 

Delaware 


3 


7 


Maryland 


7 




Virginia 




9 

6 

11 


North Carolina 

South Carolina 

Kentucky 


11 


10 


Tennessee 




21 

7 


Ohio 

Louisiana 

Mississippi 


'7 


13 


Indiana 




16 


Illinois 




8 
11 


Alabama 

Missouri 




5 


Arkansas 




8 


Michigan 




3 


Florida 

Texas 




8 


Iowa 




8 


Wisconsin 




5 


California 




4 


Minnesota 




3 


Oregon 


3 


3 


Kansas 




5 
3 


West Virginia 

Nevada 




3 


Nebraska 










285 
9 


Whole number of 
electors, excluding 
Georgia. 

Georgia 


214 


71 
9 


214 


71 
9 








204, whole mimber ; 

necessary to elect, 148. 


214 


SO 


214 


80 


Popi 
Plur 


liar vote 


3,01.5,071 
305,4.56 


2,709,615 






ality 









Tpie Administration of Ulysses S. Grant 189 



Ulysses S. Grant^ Illinois. 

Schuyler Colfax^ Indiana. 

March 4, 1869, to March 3, 1873. 

Secretary^ of State. 

William H. Seward, of I^ew York, continued from last ad- 
ministration; resigned, and served to March 4, 1869, 

Elihu B. Washburne, of Illinois, nominated, confirmed and 
commissioned March 5, 1869 ; entered upon duties same 
day; resigned March 10, 1869; served to March 16, 1869; 
appointed Envoy Extraordinary and Minister Plenipo- 
tentiary to France March 17, 1869. 

Hamilton Fish, of New York, nominated, confirmed and 
commissioned March 11, 1869; entered upon duties 
March 17, 1869 ; served through remainder of the ad- 
ministration. 

Secretary of the Treasury. 

Hugh McCulloch, of Indiana, continued from last admin- 
istration; resigned, and served to March 4, 1869. 

Alexander T. Stewart, of New York, nominated and con- 
firmed March 5, 1869; declined March 9, 1869; ineli- 
gible (Act of September 2, 1789), 

Jo pin F. Hartley, of Maine (Assistant Secretary), ad in- 
terim March 5, 1869, to March 11, 1869. 

George S. Boutwell, of Massachusetts, nominated, con- 
firmed and commissioned March 11, 1869 ; entered upon 
duties ]\Iarch 12, 1869; served through remainder of the 
administration. 

Secretary of War. 

John M. Scpiofield, continued from last administration ; ap- 
pointed Major General, U. S. Army, March 4, 1869; 
continued as Secretary of War to- March 12, 1869. 



190 Executive Registee of the TTnited States 

John A. Rawlins, of Illinois, nominated, confirmed and 
commissioned March 11, 1869; entered upon duties 
March 12, 1869 ; died September 6, 1869. 

William T. Sherman, of Ohio, commissioned (recess of the 
Senate) September 9, 1869 ; entered upon duties Sep- 
tember 11, 1869; resigned October 18, 1869; served to 
October 31, 1869. 

William W. Belknap^ of Iowa, commissioned (recess of 
the Senate) October 25, 1869; entered upon duties No- 
vember 1, 1869; nominated December 6, 1869; con- 
firmed and recommissioned December 8, 1869 ; served 
through remainder of the administration. 

Attoeney Geneeal. 

William M. Evarts^ of New York, continued from last ad- 
ministration; resigned, and served to March 4, 1869. 

J. Hub ley Ashton^ of Pennsylvania (Assistant Attorney 
General), acting March 5, 1869, to March 10, 1869. 

Ebenezee R. Hoae, of Massachusetts, nominated, confirmed 
and commissioned March 5, 1869; entered upon duties 
March 11, 1869; resigned, and served to July 7, 1870. 

Amos T. Akeeman, of Georgia, nominated June 16, 1870: 
confirmed and commissioned June 23, 1870; entered 
upon duties July 8, 1870; resigned, and served to Janu- 
ary 9, 1872. 

Geoege H. Williams^ of Oregon, nominated, confirmed and 
commissioned December 14, 1871, to take effect Janu- 
ary 10, 1872; entered upon duties January 10, 1872; 
served through remainder of the administration. 

Postmastee General. 

St. John B. L. Skinner, of New York (First Assistant 
Postmaster General), ad interim March 4, 1869, to 
March 5, 1869. 

John A. J. Ceeswell, of Maryland, nominated, confirmed 
and commissioned March 5, 1869 ; entered upon duties 
March 6, 1869; served through remainder of the admin- 
istration. 



The Administration of Ulysses S. Giiant 191 

Secretary of the Navy. 

William Faxon^ of Connecticut (Assistant Secretary), ad 

interim March 4, 1869, to March 8, 1869. 
Adolpii E. Borie^ of Pennsylvania, nominated, confirmed 

and commissioned March 5, 1869 ; entered upon duties 

March 9, 1869 ; served to June 25, 1869 ; resigned June 

35, 1869. 

George M. Eobescn^ of Kew Jersey, commissioned (recess 
of the Senate) June 35, 1869 ; entered upon duties same 
day; nominated December 6, 1869; confirmed and re- 
commissioned December 8, 1869 ; served through remain- 
der of the administration. 

Secretary of the Interior. 

William T. Otto^ of Indiana (Assistant Secretary), ad in- 
■ierim March 4, 1869, to March 8, 1869. 

Jacob D. Cox^ of Ohio, nominated, confirmed and commis- 
sioned March 5, 1869 ; entered upon duties March 9, 
1869 ; resigned and served to October 31, 1870. 

Columbus Delano^ of Ohio, commissioned (recess of the 
Senate) November 1, 1870; entered upon duties same 
day; nominated December 6, 1870; confirmed and re- 
commissioned December 8, 1870 ; served through remain- 
der of the administration. 

[United States Statutes at Large, Vol. 16, p. 6.] 

Chap. X. — An Act to amend "An Act regulating if /?e Aprils, iseg. 
Tenure of certain civil Offices/' 

Be it enacted hy the Senate and House of Representatives im, ch. 154, voi. 
of the United States of America in Congress assembled, That^^^'^' 
the first and second sections of an act entitled " An act regu- First and second 

1. o •••T<v.5» TTvrij. sections of the 

latmff the tenure of certain civil offices, passed March two, act of i867, ch. , 

° 1 n j_i 154, repealed. 

eighteen hundred and sixty-seven, be, and the same are 
hereby, repealed; and in lieu of said repealed sections the 
following are hereby enacted: 



192 Executive Eegistek of the United States 

Persons holding That Gverj person holding any civil office to which he ha 
by"cons°ent'of been OP hereafter may be appointed by and with the advice 
fo^the term ol and conscnt of the Senate, and who shall have become duly 
ment!"nkss°&c.' qualified to act therein, shall be entitled to hold such office 
during the term for which he shall have been appointed, 
unless sooner removed by and with the advice and consent of 
the Senate, or by the appointment, with the like advice and 
consent, of a successor in. his place, except as herein other- 
wise provided. 
President, during Scc. 2. And 1)6 it fuHlier eiiacted, That during any recess 
mTyfuspend any of the Senate the President is hereby empowered, in his 
excepT7&c° until discretion, to suspend any civil officer appointed by and with 
'^' another 'to do the advicG and consent of the Senate, except Judges of the 
' United States courts, until the end of the next session of the 
Senate, and to designate some suitable person, subject to be 
removed in his discretion by the designation of another, to 
perform the duties of such suspended officer in the mean 
Persons desiff- time; and such person so designated shall take the oaths and 
bonds^and fake give the bouds required by law to be taken and given by 
' "■ the suspended officer, and shall, during the time he per- 
forms his duties, be entitled to the salary and emoluments 
of such office, no part of which shall belong to the officer 
President to Suspended; and it shall be the duty of the President within 
fill vacancies thirty days after the commencement of each session of the 

within thirty ^ i i i> rv t • ^ • i • • ■ ■ i i i 

days after com- Senate, exccpt lor any office which m Ins opinion ought not 
each session to bo filled, to nominate persons to fill all vacancies in office 
■ which existed at the meeting of the Senate, whether tem- 
porarily filled or not, and also in the place of all officers 
Proceedings if suspeudcd; and if the Senate during such session shall re- 

Senate refuse p , t • i ,, •, , • n i 

to confirm, f usc to advisc and consent to an appointment m the place 
of any suspended officer, then, and not otherwise, the Presi- 
dent shall nominate another person as soon as practicable to 
said session of the Senate for said office. 
Vacancies happen- Scc. 3. And he it further enacted, That section three of 

inff durinfi' rfC6ss 

from death,' the act to wliich this is an amendment be amended by in- 
^^may bffiikd sertiug after the word " resignation," in line three of said 
y resi ent. ggg|.jQj^^ ^-^e followiug: " or expiratiou of term of office." 
Approved, April 5, 1869. 



The ADMINISTRATIOiN- OF UlYSSES S. GtRANT 193 

Article XV. of the Amendments to the Constitution of 
the United States. 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or 
by any State on account of race, color, or previous condition 
of servitude. 

Section 3. The Congress shall have power to enforce this 
article by appropriate legislation. 

Note. — The Fifteenth Amendment was declared to be a part 
of the Constitution of the United States by proclamation of the 
Secretary of State, dated March 30, 1870. 

[United States Statutes at Large, Vol. 16, p. 162.] 

Chap. CL. An Act to establish the Department of Justice. june22, i87o. 

Be it enacted hy the Senate and House of Representatives Department 
of the United States of America in Congress assembled. That estabhSfed. 
there shall be, and is hereby, established an executive de- 
partment of the government of the United States, to be 
called the Department of Justice, of which the Attorney- Attorney-General 
General shall be the head. His duties, salary, and tenure of *° ^® ^''^ ''^^^• 
office shall remain as now fixed by law, except so far as they 
may be modified by this act. 

Sec. 2. And be it further enacted, That there shall be iuofficeof 
said Department an officer learned in the law, to assist the estabiishfir^'^* 
Attorney-General in the performance of his duties, to be 
called the solicitor-general, and who, in case of a vacancy in 
the office of Attorney-General, or in his absence or disability, 
shall have power to exercise all the duties of that office. 
There shall also be continued in said Department the two of assistants of 
other officers, learned in the law, called the assistants of General, 
the Attorney-General, whose duty it shall be to assist the isn, ch. 72. 
Attorney-General and solicitor-general in the performance post, p. 432. 
of their duties, as now required by law. 

Sec. 3. And be it further enacted, That from and after ot'h^rVpTrtments 
the time when this act takes effect, the solicitor of the to'be transferred 
treasury and his assistants, the solicitor of internal revenue, justke'^In'd^'' 
the solicitor and naval judge advocate general, who shall its"cont?oT ^^ 



194 Executive Eegister of the United States 

hereafter be known as the naval solicitor, and the clerks, 
messengers, and laborers employed in the office of the Attor- 
ney-General, and in the offices of the solicitor of the treas- 
ury, naval solicitor, and solicitor of internal revenue, and 
the law officer in the Department of State, now designated 
as the examiner of claims in said Department, shall be 
transferred from the Departments with which they are now 
associated to the Department of Justice; and said officers 
shall exercise their functions under the supervision and con- 
trol of the head of the Department of Justice. 
Questions of Scc. 4. And he it further enacted, That questions of law 
to thL Attorney- submitted to the Attorney- General for his opinion, except ques- 
'^"Tc' may be'tions iuvolving a construction of the Constitution of the United 
subordinates, &c. States, may be by him referred to such of his subordinates as 
he may deem appropriate, and he may require the written 

Effect of their opiuiou thcreou of the officer to whom the same may be re- 
opinions indorsed n -L' 11 • • • n ^ 02 i n i 
by Attorney- lerred; and it the opinion given by such officer shall be 

' approved by the Attorney-General, such approval so en- 
dorsed thereon shall give the opinion the same force and 
effect as belong to the opinions of the Attorney-General. 
Cases in the Sec. 5. And he it further enuded, That whenever the 

court of claims » , . ,-> t -i • i i ■ n 

and Supreme Attomey-Gcneral deems it necessary, he may require the 

Court of the t ■, ■, , / • t ■ t n i 

United States, solicitor-general to argue any case m which the government 
is interested before the court of claims; and as to' cases 
coming by appeal from the court of claims to the Supreme 
Court of the United States, it shall be the duty of the 
Attorney-General and solicitor-general to conduct and argue 
them before that court as in other cases in which the United 
Cases in any States is interested. And the Attorney-General may, when- 

united States, cvcr he dccms it f or the interest of the United States, con- 
duct and argue any case in which the government is inter- 
ested, in any court of the United States, or may require the 
solicitor-general or any officer of his Department to do so. 

Officers of the And the solicitor-general, or any officer of the Department 

be sent to of Justicc, may be sent by the Attorney-General to any State 

orYistrict. or district in the United States to attend to the interests of 

the United States in any suit pending in any of the courts 

of the United States, or in the courts of any State, or to 



The Administration of Ulysses S. Grant ' 195 

attend to any other interest of the United States; for which 
service they shall receive, in addition to their salaries, their Actual and neces- 
actnal and necessary expenses, while so absent from the seat on such service 
of government, the account thereof to be verified by afiidavit. 

Sec. G. And he it further enacted. That whenever a ques- Questions of 
tion of law arises in the administration, either of the War or or Navy 
Navy Department, the cognizance of which is not given by 
statute to some other officer from whom the head of either 
of these Departments may require advice, the same shall be 
sent to the Attorney-General, to be by him referred to the 
proper officer in his Department provided for in this act, or 
otherwise disposed of as he may deem proper; and each head 
of any Department of the government may require the 
opinion of the Attorney-General on all questions of law 
arising in the administration of their respective Depart- 
ments. . 

Sec. 7. And he it further enacted, That the duties en- Duties of auditor 
joined upon the auditor of the Post-Office Department by Department, 
the fourteenth section of the act entitled "An act to change isse, ch. 270, 
the organization of the Post-Office Department, and to pro- voi. v,' p. 82. 
vide more effectually for the settlement of the accounts 
thereof," passed July two, eighteen hundred and thirty-six, 
shall hereafter be performed by some officer of the Depart- 
ment of Justice, to be specially designated, under the direc- 
tion of the Attorney-General, who shall also have the care of Prosecutions 

for offcncGS 

prosecutions for mail depredations and penal offenses against against postal 
the postal laws. 

See. 8. And he it further enacted, That the Attorney- Rules and rcgu- 

n 1 • T -1 Tiim 1 lations of the 

General is hereby empowered to make all necessary rules department, 
and regulations for the government of said Department of 
Justice, and for the management and distribution of its 
business. 

Sec. 9. And he it further enacted, That the several officers officers hereby 
hereinbefore transferred from the other Departments to the hold office 
Department of Justice shall hold their respective offices 
until their successors are duly qualified; and the solicitor- 
general, and whenever vacancies occur, the assistants of the certain appoint- 

, T . . , . , . ments to be made 

Attorney-General, and all the solicitors and assistant solic- by the President; 



196 Executive Register of the United States 

itors mentioned in this act, shall be appointed by the Presi- 
dent, by and with the advice and consent of the Senate. All 
others by the the other officers, clerks, and employees in the said Depart- 
Attorney-Generai. ^^^^ ^^^^^ ^^ appointed and be removable by the Attorney- 
General. 
Salaries. Scc. 10. And he it further enacted, That the following 
annual salaries shall be paid to the officers hereinbefore 
soiicitor-senerai. mentioned: To the solicitor-general, seven thousand five 
Assistants of hundred dollars; to each of the assistants of the Attorney- 
GeneTah General, five thousand dollars each; to the solicitor of the 
Solicitor of internal revenue, five thousand dollars; and to the other 
'''^'othe/officMs. officers the salaries and fees now allowed by law; and the 
stenographic Attomey-Gcneral shall be alloAved a stenographic clerk, with 
"^ '^' ■ an annual salary of two thousand dollars, and he may ap- 
Additionai clerks, point three additional clerks of the fourth class. 
Moneys drawn by Scc. 11. And he it further enacted, That all moneys here- 
Generai, how to after drawu out of the treasury upon the requisition of the 
' Attorney-General, shall be disbursed by such one of the 
clerks herein provided for the Attorney-General as he may 
. Repeal of part designate; and so much of the first section of the act making 
80, sec. i! appropriations, passed March three, eighteen hundred and 
' fifty-nine, as provides that moneys drawn out of the treas- 
ury upon the requisition of the Attorney-General shall be 
disbursed by such disbursing officer as the Secretary of the 
Treasury may designate, is hereby repealed. 
Annual report of Sec. 12. Afid he it further enacted, That it shall be the 
whTnmaderand duty of the Attomcy-General to make an annual report to 

to include what. ^ .-r , />ni- p n • -\ 

Congress, m January each year, ot the business ot the said 
Department of Justice, and any other matters appertaining 
statistics thereto that he may deem proper, including the statistics of 
^"™^' crime under the laws of the United States, and, as far as 
practicable, under the laws of the several States. 
Superintendent of Sec. 13. And he it further enacted. That the superin- 
reasury^ providf teudcut of the trcasury building shall provide such suitable 
e rooms. -p^Q^^g jj^ ^T^^ ticasury building as may be necessary to accom- 
modate the officers and clerks of the said Department, or, to 
the extent that that may be found impracticable, to provide 
such rooms in some other building in the vicinity of said treas- 
ury building. 



The Administeation of Ulysses S. GpiAkt 197 

Sec. 1-i. And he it further enacted, That the Attorney- Attorney-General 
General may require any solicitor or officers of the Depart- ofilcer'^to "^^ ^^^ 
ment of Justice to perform any duty required of said Depart- duty required, 
ment or any officer thereof; and the officers of the law 
department, under the direction of the Attorney-General, 
shall give all opinions and render all services requiring the opinions, 
skill of persons learned in the law, necessary to enable the 
President and heads of the executive Departments, and the 
heads of bureaus and other officers in such Departments to 
discharge their respective duties; and shall, for and on 
behalf of the United States, procure the proper evidence for, 
and conduct, prosecute, or defend all suits and proceedings Suits and 

procG6(iinKS« 

in the Supreme Court of the United States and in the court 

of claims, in which the United States, or any officer thereof, 

is a party or may be interested. And no fees shall be allowed no fees to any 

or paid to any other attorney or counsellor at law for or counsellor, 

for any Fervicc 

any service herein required of the officers of the Department herein required, 
of Justice. 

Sec. 15. And he it furtlier enacted, That the supervisory supervisory 
powers now exercised by the Secretary of the Interior over accounts of 

,1 , i>,iTi-i,i T1 IT 1 district attorneys, 

the accounts ol the district attorneys, marshals, clerks, and &c. to be exer- 
other officers of the courts of the United States, shall be ex- General; 
ercised by the Attorney-General, who shall sign all requisi- 
tions for the advance or payment of moneys out of the treas- 
ury, on estimates or accounts, subject to the same control 
now exercised on like estimates or accounts by the first 
auditor or first comptroller of the treasury. 

Sec. 16. And he it further enacted. That the Attorney- and over conduct 

n iini •• p J_^ -\ i ^ n ^^d proceedings of 

General shall have supervision of the conduct and proceed- attorneys of, or 
ings of the various attorneys for the United States in the united states. 
respective judicial districts, who shall make report to him 
of their proceedings, and also of all other attorneys and 
counsellors employed in any cases or business in which the 
United States may be concerned. 

Sec. 17. And he it further enacted, That it shall not be secretaries of 
lawful for the Secretary of either of the executive Depart- to employ 
ments to employ attorneys or counsel at the expense of the counsel at the 
United States; but such Departments, when in need of coun- united states; 



198 Executive Eegistek of the United States 

to call upon sel or advice, shall call upon the Department of Justice, the 
the Depa^rtmcn^t Qg|ggj.g ^^ whlch shall attend to the same; and no counsel or 
No counsel or attomcj f CCS shall hereafter be allowed to any person or 
be aUowX except" pcrsons, hesldcs the respective district attorneys and assist- 
whft'celrtificate'! ant district attorneys, for services in such capacity to the 
United States, or any branch or department of the govern- 
ment thereof, unless hereafter authorized by law, and then 
only on the certificate of the Attorney-General that such 
services were actually rendered, and that the same could not 
be performed by the Attorney-General, or solicitor-general, 
or the officers of the department of justice, or by the district 
Attorneys, &c. attomcys. And every attorney and counsellor who shall 
specia^ y^^e^a_me^ ^^ Specially retained, under the authority of the Department 
special assistant of Justicc, to assist in the trial of any case in which the 

to, &c. and shall , . . , _ , ,, . . . „ 

take the oath, &c. govcmment IS interested, shall receive a commission trom 
the head of said Department, as a special assistant to the 
Attorney-General, or to some one of the district attorneys, 
as the nature of the appointment may require, and shall take 
the oath required by law to be taken by the district attor- 
neys, and shall be subject to all the liabilities imposed upon 
such officers by law. 
Edition of the Scc. 18. A7id he it further enacted, That the Attorney- 
officers to be General shall from time to time cause to be edited and 

published from ■ , -, -,■,■ n ,-, ^ ■ , .-, 

time to time, printed an edition oi one thousand copies, at the govern- 
ment printing office, of such of the opinions of the law 
officers herein authorized to be given as he may deem valu- 
able for preservation, in volumes which shall be as to the 
style, &c. of size, quality of paper, printing, and binding, of uniform style 
how distributed, and appearance, as nearly as practicable, with the eighth 
volume of said opinions, published by Eobert Farnham, in 
the year eighteen hundred and sixty-eight, which volumes 
shall contain proper head-notes, a complete and full index, 
and such foot-notes as the Attorney-General may approve. 
Such volumes shall be distributed in such manner as the 
Attorney-General may from time to time prescribe. 
This act, when Scc. 19. And be it further enacted. That this act shall take 

to take effect 

' effect and be in force from and after the first day of July, 
eighteen hundred and seventy. 
Approved, June 22, 1870. 



The Administeation of Ulysses S. Grant 199 

[United States Statutes at Large, Vol. 17, p. 157.] 

Chap. CXCVIII. — An Act to amend an Act entitled "/I /i May 23, i872. 
Act to establish a uniform Time for holding Elections for 
Electors of President and Vice-President in all the States of 
the Union" approved January tiventy-third, eighteen hun- 
dred and forty-five. 

Be it enacted by the Senate and House of Bepresentativcs Election to 
of the United States of America in Congress assembled. That dentiai electors, 
if by the now existing laws of any State the election com- 1872, in any state' 
mencing on the Tuesday next after the first Monday in for more than 
November, eighteen hundred and seventy-two, for the pur- 
pose of choosing electors of President and Vice-President 
in such State shall be required to be continued for more 
than one day, then said election shall be continued the num- 
ber of days required by the laws of such States. 

Approved, May 23, 1872. 

[United States Statutes at Large, Vol. 17, p. 283.] 

Chap. CCCXXXV. — An Act to revise, consolidate, and june s, i872. 
amend the Statutes relating to the Post-office Department. 

Be it enacted by the Senate and House of Representatives post-offiee 
of the United States of America in Congress assembled. That est'abUshe'd. 
there shall be established, at the seat of government of the 
United States of America, a department to be known as the 
Post-office Department. 

Sec. 2. That the principal officers of the Post-office Postmaster- 
Department shall be one Postmaster-General and three as- assistants, appoint- 
sistant postmasters-general, who shall be appointed by the offlce^ &c. 
President, by and with the advice and consent of the Senate, 
and who may be removed in the same manner; and the term 
of office of the Postmaster-General shall be for and during 
the term of the President by whom he is appointed, and 
for one month thereafter, unless sooner removed. 

^ :i: * * * * * 

In case of death, 
&c. his duties 

Sec. 7. That in case of the death, resignation, or ab- to devolve upon 
sence of the Postmaster-General, all his powers and duties postmaster-general. 
S. Doc. 196, 58-3—05 — -14 



200 Executive Register of the United States 

shall devoh^e, for the time being, on the first assistant post- 
master-general. 

******* 

Postmaster-general Sec. 15. That before entering upon the duties, and be- 
'""tJ^tlik^oItror fore they shall receive any salary, the Postmaster-General 
affirmation; ^^^^ ^^^ persons emploj^ed in the postal-service, shall respec- 
tively take and subscribe, before some magistrate or other 
form; competent officer, the following oath or affirmation: " I, 
A. B., do solemnly swear (or affirm, as the case may be) 
that I will faithfully perform all the duties required of me, 
and abstain from everything forbidden by the laws in rela- 
tion to the establishment of post-offices and post-roads within 
the United States; and. that I will honestly and truly account 
for and pay over any money belonging to the said United 
States which may come into my possession or control: So 
help me, God." And this oath or affirmation may be taken 
Before whom before any officer, civil or military, holding a commission 
under the United States, and such officer is hereby author- 
ized to administer and certify such oath or affirmation. 

Approved, June 8, 1872. 



THE ADMINISTEATIOW 

OF 

ULYSSES S. GRANT 

SECOND TEEM 

Mareli 4, 3873, to March 3, 187'? 



203 Executive Eegistek of the United States 



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The Administration of Ulysses S. Grant 203 



Ulysses S. Grant, Illinois. 

Henry Wilson, Massachusetts (Died November 22, 1875). 
Thomas W. Eerry^ Michigan, President pro temvore of the 
Senate. 

March 4, 1873, to March 3, 1877. 

Secretary of State. 

Hamilton Fish, of New York, continued from last admin- 
istration; resigned. 

Hamilton Fish, of New York, renominated, confirmed and 
reeommissioned March 17, 1873; served through remain- 
der of the administration. 

Secretary of the Treasury. 

George S. Boutwell, of Massachusetts, continued from last 
administration; served to March 16, 1873; resigned 
March 17, 1873. 

William A. Eichardson, of Massachusetts, nominated, con- 
firmed and commissioned March 17, 1873 ; entered upon 
duties same day; resigned June 1, 1874; served to June 
4, 1874. 

Benjamin H. Bristow, of Kentucky, nominated June 1, 
1874; confirmed and commissioned June 2, 1874; en- 
tered upon duties June 4, 1874 ; resigned June 17, 1876 ; 
served to June 20, 1876. 

Charles F. Conant, of New Hampshire (Assistant Secre- 
tary), ad interim June 21, 1876, to Ju.ne 30, 1876. 

Lot M. Morrill, of Maine, nominated, confirmed and com- 
missioned June 21, 1876; entered upon duties July 7, 
1876 ; served through remainder of the administration. 

Secretary of War. 

William W. Belknap, of Iowa, continued from last admin- 
istration; resigned. 



20 i Executive Register of the United States 

William W. Belknap, of Iowa, renominated, confirmed and 
reconimissioned March 17, 1873; resigned March 2, 
1876. 

George M. Eobeson, of Kew Jersey (Secretary of the Navy), 
ad interim March 2, 1876, to March 10, 1876. 

Alphonso Taft, of Ohio, nominated March 7, 1876; con- 
firmed and commissioned March 8, 1876; entered upon 
duties March 11, 1876; served to May 31, 1876; ap- 
pointed Attorney General May 22, 1876. 

James D. Cameron, of Pennsylvania, nominated, confirmed 
and commissioned May 22, 1876; entered npon duties 
June 1, 1876 ; served through remainder of the adminis- 
tration. 

Attorney General. 

George H. Williams, of Oregon, continued from last ad- 
ministration; resigned . 

George H. Williams, of Oregon, renominated, confirmed 
and recommissioned March 17, 1873; nominated to be 
Chief Justice of the United States December 1, 1873; 
nomination withdrawn January 8, 1874; resigned April 
22, 1875, to take effect May 15, 1875 ; served to May 15, 
1875. 

Benjamin H. Bristow, of Kentucky, nominated December 
1, 1873 ; nomination withdrawn January 8, 1874. 

Edwards Pierrepont, of New York, commissioned (recess 
of the Senate) April 26, 1875, to take effect May 15, 
1875 ; entered upon duties May 15, 1875 ; nominated 
December 8, 1875 ; confirmed and recommissioned De- 
cember 9, 1875; served to May 31, 1876; appointed 
Envoy Extraordinary and Minister Plenipotentiary to 
England May 22, 1876. 

Alphonso Taft, of Ohio, nominated, confirmed^ and com- 
missioned May 22, 1876; entered upon duties June 1, 
1876; served through remainder of the administration. 



The Administration of Ulysses S. Gkant 20o 

Postmaster General. 

John A. J. Creswell^ of Maryland, continued from last ad- 
ministration ; resigned'. 

John A. J. Ores well, of Maryland, renominated, confirmed 
and recomniissioned March 17, 1873 ; resigned June 24, 
1874; served to July 6, 1874. 

James W. Marshall, of Virginia, commissioned (recess of 
the Senate) July 3, 1874; entered upon duties July 7, 
1874 ; served to August 31, 1874, when appointed First 
Assistant Postmaster General. 

Marshall Jewell^ of Connecticut, commissioned (recess of 
the Senate) August 24, 1874; entered upon duties Sep- 
tember 1, 1874; nominated December 7, 1874; confirmed 
and recomniissioned December 15, 1874; resigned July 
10, 1876; served to July 12, 1876. 

-James N. Tyner, of Indiana, nominated July 11, 1876; con- 
firmed and commissioned July 12, 1876 ; entered upon 
duties July 13, 1876 ; served through remainder of the 
administration. 

Secretary of the ISTavy. 

George M. Robeson^ of New Jersey, continued from last 

administration ; resigned. 
George M. Egbeson^ of New Jersey, renominated, confirmed 

and recommissioned March 17, 1873; served through 

remainder of the administration. 

Secretary of the Interior. 

Columbus Delano, of Ohio, continued from last adminis- 
tration; resigned. 

Columbus Delano, of Ohio, renominated, confirmed and 
recommissioned March 17, 1873 ; resigned July 5, 1875 ; 
accepted September 22, 1875, to take effect October 1, 
1875 ; served to September 30, 1875. 

Benjamin E. Cowen, of Ohio (Assistant Secretary), ad 
interim October 1, 1875, to October 19, 1875. 



206 Executive Kegister of the United States 

Zachariah Ctiandi,er, of Michigan, commissioned (recess 
of the Senate) October 19, 1875; entered upon duties 
October 20, 1875; nominated December 8, 1875; con- 
firmed and recommissioned December 9, 1875 ; served 
through remainder of the administration. 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, 1874-1891, p. 4.] 

March 4,1874. Chap. 44. — All act authorizing the chief cleric of the War 

18 Stat. L., 19. DQ^artment to sign requisitions on the Treasury during the 

temporary absence of the Secretary of War. 

Secretary of vvar Be it enactcd, &c.. That when, from illness or other cause, 

"chief cierirto the Secretary ,of War is temporarily absent from the War 

si„n lequisi^^ ^_^ J3epartment, he may authorize the chief clerk of the Depart- 

' ment to sign requisitions upon the Treasury Department, 

R.^s. sees. 177, and other papers requiring the signature of said Secretary; 

1890, March's, ch.' the Same, when signed by the chief clerk during such tem- 

1882, Aug. 5, ch'. porary absence, to be of the same force and efEect as if 

' p. 373.' signed by the Secretary of War himself. (March 4, 1874.) 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, 1874-1891, p. 5.] 

March 5, 1874. Chap. 46. — An act to amend the fifteenth section of an act 
^ ■ ■' ■ approved June eighth, eighteen hundred and seventy-two, 
entitled "An act to revise, consolidate, and amend the stat- 
utes relating to the Post-Office Department." 
Oath to be taken Be it enacted, &c., That section fifteen of the act " to re- 

'Generai'^and viso, consolidatc and amend the statutes relating to the 

postal service" Post Office Department," approved June eighth, eighteen 
hundred and seventy-two, be amended to read as follows: 

R. s. sec. 391. " Scc. 15. That before entering upon the duties, and 
ch. 46, post, p. 428.' bcforc they shall receive any salary, the Postmaster General, 

ch. 820, sec. 1,' and all persons employed in the postal service, shall re- 
spectively take and subscribe before some magistrate or 
other competent officer authorized to administer oaths by 
the laws of the United States, or of any State or Territory, 
the following oath or affirmation: 



The Administration of Ulysses S. Grant 207 

"'I, A, B. do solemnly swear (or affirm, as the case may form of; 
be,) that I will faithfully perform all the duties required 
of me and abstain from everything forbidden by the Uws 
in relation to the establishment of post-offices and post- 
roads within the United States; and that I will honestly and 
truly account for and pay over any money belonging to the 
said United States which may come into my possession or 
control ; 

" '^And I also further swear (or affirm) that I will sup- 
port the Constitution of the United States; so help me God.' 

"And this oath or affirmation may be taken before any before what officer 
officer civil or military holding a commission under the ™^^ 
United States, and such officer is hereby authorized to ad- 
minister and certify such oath or affirmation." (March 5, r. s. sec. 392. 
1874.) 



THE ADMINISTEATION 
OF 

RUTHEEFOED B. HAYES 

March 5, 1877, to March 3, 1881 



210 Executive Eegister of the United States 

ELECTION FOR THE TWENTY-THIKD TERM, COMMENCING 4xh 
MARCH, 1877, AND TERMINATING 3rd MARCH, 1881. 



3 W 



STATES, 



Alabama 

Arkansas 

California 

Colorado 

Connecticut — 

Delaware 

Florida — 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts.. 

Michig-an 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

North Carolina . 

Ohio 

Oregon 

Pennsylvania .. 
Rhode Island . . . 
South Carolina . 

Tennessee 

Texas 

Vermont 

Virginia , 

West Virginia . . 
Wisconsin 



369, whole number ; 

necessary to elect, 185. 



Popular vote 
Plurality 



President. 



185 



4.033,950 



13 



184 



4,384,885 
350,935 



Vice President. 



185 



m1 



13 



184 



The act en ating the Electoral Commission provided that the returns 
should be read in the alphabetical order of the States. It had previously been 
the practice for the two Houses to hear the returns in the geographical order 
of the States, beginning with Maine. 



The Administration of Rutherford B. Hayes 211 



THE ELECTORAL COMMISSION. 

After the Presidential election of 1876, when the returns 
were received by the President of the Senate, it was found 
that there was more than one set from each of the States of 
Florida, Louisiana, Oregon, and South Carolina. When 
Congress met in December the difficulty was warmly dis- 
cussed, with the result that on December 11:, 1876, the 
House of Representatives passed a resolution authorizing 
the appointment of a committee of seven members to con- 
fer with a like committee of the Senate, and on the 18th 
of the same month the Senate adopted a similar resolu- 
tion. On the 21st of December the Senate appointed 
Messrs. George F. Edmunds, Oliver P. Morton, Frederick 
T. Frelinghuysen, John A. Logan, Allen C Thurman, 
Thomas F. Bayard, and Matt. W. Ransom as its committee; 
on the 29th of the same month Mr. Logan was excused 
at his request, being unable to come to Washington in time, 
and Roscoe Conkling was appointed in his place. The 
committee of the House of Representatives, appointed 
December 22, 1876, was as follows: Messrs. Henry B. 
Payne, of Ohio, Eppa Hunton, of Virginia, Abram S. Hew- 
itt, of New York, William M. Springer, of Illinois, George 
W. McCrary, of Iowa, George F. Hoar, of Massachusetts, 
and George Willard, of Michigan. The committees met and 
discussed the matter from time to time until January 18, 
1877, when they reported to their respective Houses a bill 
which was passed by the Senate on January 25, 1877, and by 
the House of Representatives on January 26, 1877, and 
approved by the President on January 29, 1877. The act 
provided for a commission of fifteen members, of whom five 
were to be elected by the Senate, viva voce; five to be elec- 
ted by the House of Representatives in the same manner; 
and four Associate Justices of the Supreme Court of the 
United States, who were designated, and were to select a 
fifth from the remaining Associate Justices. On January 
30, 1877, the Senate elected Messrs. George F. Edmunds, 



213 Executive Eegister of the United States 

Oliver P. Morton, Frederick T. Frelinghuysen, Allen Gr. 
■Thurman, and Thomas F. Bayard as members of the com- 
mission, each having received G8 of the 69 votes cast; on 
the same day Associate Justice Joseph P. Bradley was selec- 
ted to he the fifth member of the United States Supreme 
Court on the commission by Messrs. Nathan Clifford, Sam- 
uel F. Miller, Stephen J. Field, and William Strong, the four 
Associate Justices who had been designated by the Act of 
Congress; on January 30, 1877, the House of Eepresenta- 
tives elected Messrs. Henry B. Payne, of Ohio, Eppa Hun- 
ton, of Virginia, Josiah C Abbott, of ]\Iassachusetts, George 
F. Hoar, of Massachusetts, and James A. Garfield, of Ohio. 
On February 1, the commissioners took the required oath, 
and organized with Justice Nathan Clifford as President; 
the two houses assembled in the House of Eepresentatives 
to receive and count the electoral votes, and proceeded by 
States alphabetically, until Florida was reached, when, more 
than one return being found, and objections presented, the 
case was referred to the Electoral Commission. On Feb- 
ruary 9, the commission decided by the votes of Messrs. 
Millet', Strong, Bradley, Edmunds, Morton, Frelinghuysen, 
Garfield, and Hoar, that the four votes of Florida for Hayes 
and Wheeler were the lawful votes, and should be thus 
counted. On February 26, Senator Thurman being physically 
unable to attend. Senator Francis Kernan was elected to fill 
his place on the commission. The two sets of returns from 
Louisiana, Oregon, and South Carolina, were in turn submit- 
ted to the commission, which decided in favor of Hayes and 
Wheeler in each case, and on March 1, 1877, the vote was 
finally reached and announced by the President of the 
Senate to the two houses assembled, as follows : 185 for 
Hayes and Wheeler, and 184 for Tilden and Hendricks. 

[United States Statutes at Large, Vol. 19, p. 227.] 
Jan. 29, 1877. Chap. 37. — An act to provide for and regulate the counting 
of votes for President and Vice President, and the decision 
of questions arising thereon, for the term commencing March 
fourth, anno Domini eighteen hundred and seventy-seven. 



The xAdministration of Butherford B. Hayes 213 

Be it enacted hy tlie Senate and House of Representatives counting votes 
of the United States of America in Congress assembled. That vicf-Prisfd^nt"'' 
the Senate and House of Eepresentatives shall meet in the Meeting. 
Hall of the Honse of Eepresentatives, at the hour of one 
o'clock post meridian, on the first Thursday in February, 
anno Domini eighteen hundred and seventy-seven; and the 
President of the Senate shall be their presiding officer. Presiding officer. 
Two tellers shall be previously appointed on the part of the Tellers. 
Senate, and two on the part of the House of Eepresentatives, 
to who'm shall be handed, as they are opened by the Presi- 
dent of the Senate, all the certificates, and papers purport- 
ing to be certificates, of the electoral votes, which certificates 
and papers shall be opened, presented, and acted upon in the 
alphabetical order of the States, beginning with the letter A; order of 
and said tellers having then read the same in the presence and Dut?es'<§ 
hearing of the two houses, shall make a list of the votes 
as they shall appear from the said certificates; and the 
votes having been ascertained and counted as in this act 
provided, the result of the same shall be delivered to the 
President of the Senate, who shall thereupon announce the Announcement 

of V0t6 

state of the vote, and the names of the persons, if any, 
elected, which announcement shall be deemed a sufficient 
declaration of the persons elected President and A^ice-Pres- 
ident of the United States, and, together with a list of the 
votes, be entered on the Journals of the two houses. Upon 
such reading of any such certificate or paper when there 
shall be only one return from a State, the President of the 
Senate shall call for objections, if any. Every objec- 
tion shall be made in writing, and shall state clearly and objections in 
concisely, and without argument, the ground thereof, and return, form of. 
shall be signed by at least one Senator and one member of 
the House of Eepresentatives before the same shall be re- 
ceived. When all objections so made to any vote or paper Proceedings on 

' objections 

from a State shall have been received and read, the Senate 
shall thereupon withdraw, and such objections shall be 
submitted to the Senate for its decision; and the Speaker of 
the House of Eepresentatives shall, in like manner, submit 
such objections to the House of Eepresentatives for its de- 



21-1 Executive Eegistek of the United States 

Affirmative vote cisiou ; and 110 electoral vote or votes from any State from 

°' ^"^^e^u'ired Avhich but One return has been received shall be rejected 

*° '"'■"°*' except by the affirmative vote of the two Houses. When 

the two Houses have voted, they shall immediately again 

Announcement meet, and the presiding officer shall then announce the de- 

ecision. ^-g-Qj^ ^£ ^YiQ question submitted. 

Proceedings Sec. 3. That if morc than one return, or paper purport- 
doubie^returns. ing to be a rctum from a State, shall have been receive" 
by the President of the Senate, purporting to be the certi- 
ficates of electoral votes given at the last preceding election 
for President and Vice-President in such State, (unless they 
shall be duplicates of the same return), all such returns and 
papers shall be opened by him in the presence of the two 
Houses when met as aforesaid, and read by the tellers, and 
all such returns and papers shall thereupon be submitted to 
the judgment and decision as to which is the true and lawful 
Electoral com- electoral vote of such State, of a commission constituted 

mission. How „ , -r\ • xi • i? i tt 

constituted, as lollows, namely : During the session ot each House on 
the Tuesday next preceding the first Thursday in February, 
eighteen hundred and seventy-seven, each House shall, by 
viva voce vote, appoint five of its members, who with the five 
associate justices of the Supreme Court of the United States, 
to be ascertained as hereinafter provided, shall constitute 
a commission for the decision of all questions upon or in 

Selection of respcct of such double returns named in this section. On 
Supreme Court, the Tucsday ucxt preceding the first Thursday in February, 
anno Domini eighteen hundred and seventy-seven, or as 
soon thereafter as may be, the associate justices of the Su- 
preme Court of the United States now assigned to the first, 
third, eighth, and ninth circuits shall select, in such man- 
ner as a majority of them shall deem fit, another of the as- 
sociate justices of said court, which five persons shall be 

President of members of said commission; and the person longest in com- 
mission of said five justices shall be the president of said 
commission. The members of said commission shall re- 

oath. spectively take and subscribe the following oath : " I, 

, do solemnly swear (or affirm, as the case may be) that 

I will impartially examine and consider all questions sub- 



commission. 



The Adtministration of Rutherford B. Hayes 215 

mitted to the coiiimissiou of which I am a member/ and 
a true judgment give thereon, agreeably to the Constitution 
and the laws : so heljo me God ; " which oath shall be filed 
with the Secretary of the Senate. When the commission commission not 
shall have been thus organized, it shall not be in the power ° ^ '^*'' ^^*^' 
of either house to dissolve the same, or to withdraw any 
of its members; but if any such Senator or member shall vacancies, 
die or become physically unable to perform the duties re- 
quired by this act, the fact of such death or physical ina- 
bility shall be by said commission, before it shall proceed 
further, communicated to the Senate or House of Repre- 
sentatives, as the case may be, which body shall immediately 
and without debate proceed l3y viva voce vote to fill the place 
so vacated, and the person so appointed shall take and 
subscribe the oath hereinbefore prescribed, and become a 
member of said commission; and, in like manner,, if any of 
said justices of the Supreme Court shall die or become 
physically incapable of performing the duties required by 
this act, the other of said justices, members of the said 
commission, shall immediately appoint another justice o£ 
said court a member of said commission, and, in such appoint- 
ments, regard shall be had to the impartiality and freedom 
from bias sought by the original appointments to said com- 
mission, who shall thereupon immediately take and sub- 
scribe the oath hereinbefore prescribed, and become a mem- 
ber of said commission to fill the vacancy so occasioned. All opening certifi- 

11 j.-j^j. 1 J.-J.1 x*j2i.j?ji cates in case of 

the certificates and papers purportmg to be certificates ot the double returns, 
electoral votes of each State shall be opened, in the alpha- 
betical order of the States, as provided in section one of this 
act; and when there shall be more than one such certificate 
or paper, as the certificates and papers from such State 
shall !;0 bo opened, (excepting duplicates of the same re- 
turn,) they shall be read by the tellers, and thereupon the 
President of the Senate shall call for objections, if any. 
Every objection shall be made in writing, and shall state objections, 
clearly and concisely, and without argument, the ground 
thereof, and shall be signed by at least one Senator and one 
member of the House of Representatives before the same 
S. Doc. 196, 58-3—05 15 



216 Executive Kegister of the United States 

shall be received. When all such objections so made to any 
certificate, vote, or paper from a State shall have been re- 
ceived and read, all such certificates^, votes, and papers so ob- 
certiscates, jectecl to, and all papers accompanying the same, together 

etc. to be 

submitted to with sucli objoctions, shall be forthwith submitted to said 



commission. 



commission, which shall proceed to consider the same, with 
Powers of the samo powers, if any, now possessed for that purpose by 

commission. J- . t ji i i 

the two Houses acting separately or together, and, by a ma- 
jority of votes, decide whether any and what votes from such 
State are the votes provided for by the Constitution of the 
United States, and how many and what persons were duly 
appointed electors in such State, and may therein take into 
view such petitions, depositions, and other papers, if any, 
as shall, by the Constitution and now existing law, be com- 
Decision, pcteut and pertinent in such consideration; which decision 
' shall be made in writing, stating briefly the ground thereof, 
and signed by the members of said commission agreeing 
therein; whereupon the two houses shall again meet, and 

Proceedings such decisiou shall be read and entered in the journal of 
ecision. ^^^^ House, and the counting of the votes shall proceed in 
conformity therewith, unless, upon objection made thereto 
in writing by at least five Senators and five members of the 
House of Representatives, the two Houses shall separately 
concur in ordering otherwise, in which case such concurrent 

Count not to Order shall govern. No votes or papers from any other State 

final decision shall be actcd upou Until the objections previously made 
■ to the votes or papers from any State shall have been finally 
disposed of. 

Order of pro- Sec. 3. That wliile the two Houses shall be in meeting, 

ceedings in -tt-ji-i -i -, ii 

joint session, as provided in this act, no debate shall be allowed and no 

question shall be put by the presiding officer, except to 

either House on a motion to withdraw; and he shall have 

power to preserve order. 

Debate in each Scc. 4. That wheu the two Houses separate to decide 

House on objec- ■"- 

tions limited, upou au objcctiou that may have been made to the counting 
of any electoral vote or votes from any State, or upon 
objection to a report of said commission, or other question 
arising under this act, each Senator and Representative may 



The ADMiNisTEATioisr of Euthkrpord B. Hayes 217 

speak to such objection or question ten minutes, and not 
oftener than once, but after such debate shall have lasted 
two hours, it shall be the duty of each House to put the 
main question without further debate. 

Sec. 5. That at such joint meeting of the two Houses, joint meeting; 
seats shall be provided as follows : For the President of the oVZ^tT^''^ 
Senate, the Speakers chair; for the Speaker, immediately 
upon his left; the Senators in the body of the hall upon the 
right of the presiding officer; for the Representatives, in the 
body of the hall not provided for the Senators ; for the tell- 
ers. Secretary of the Senate, and Clerk of the House of 
Eepresentatives, at the Clerk's desk; for the other officers of 
the two Houses, in front of the Clerk's desk and upon each 
side of the Speaker's platform. Such joint meeting shall Not to be dis- 
not be dissolved until the count of electoral votes shall count declared, 
be completed and the result declared; and no recess shall be Recess, 
taken unless a question shall have arisen in regard to 
counting any such votes, or otherwise under this act, in which 
case it shall be competent for either House, acting separ- 
ately, in the manner hereinbefore provided, to direct a 
recess of such House not beyond the next day, Sunday ex- 
cepted, at the hour of ten o'clock in the forenoon. And Legislative 

^ _ ... business. 

while any question is being considered by said commission, 
either House may proceed with its legislative or other busi- 
ness. 

Sec. 6. That nothing in this act shall be held to impair Right of lesai 
or affect any right now existing under the Constitution and not^impaSed. 
laws to question, by proceeding in the. judicial courts of 
the United States, the right or title of the person who shall 
be declared elected, or who shall claim to be President or 
Vice-President of the United States, if any such right 
exists. 

Sec. 7. That said commission shall make its own rules, commission to 
keep a record of its proceedings, and shall have power to 
employ such persons as may be necessary for the transaction 
of its business and the execution of its powers. 

Approved, January 29, 1877. 



218 Executive Eegister of the United States 

[Senate Journal, 2nd Session, 44th Cong., Jan. 29, 1877, p. 164.] 
To the Senate of the United States: 
Message of the I follow the example heretofore occasionally permitted of 
^"^^^^'panyrnrthe commuiiicatiug ill this mode my approval of the act to pro- 
mlssfon^acHf vide f Or aiid regulate the counting of votes for President 
January 29, 1877. ^^^ Yice-Presideut^ and the decision of questions arising 
thereon, for the term commencing March 4, A. D. 1877, be- 
cause of my appreciation of the imminent peril to the in- 
stitutions of the country from which, in my judgment, the 
act affords a wise and constitutional means of escape. 

For the first time in the history of our country, under 
the Constitution as it now is, a dispute exists with regard to 
the result of the election of the Chief Magistrate of the 
nation. 

It is understood that upon the disposition of disputes 
touching the electoral votes cast at the late election by 
one or more of the States depends the question whether one 
or the other of the candidates for the Presidency is to be 
the lawful Chief Magistrate. The importance of having 
clearly ascertained, by a procedure regulated by law, which 
of the two citizens has been elected and of having the right 
to this high office recognized and cheerfully agreed in by 
all the people of the republic cannot be overestimated, and 
leads me to express to Congress and to the nation my great 
satisfaction at the adoption of a measure that affords an 
orderly means of decision of a gravely exciting question. 

While the history of our country in its earlier periods 
shows that the President of the Senate has counted the votes 
and declared their standing, our whole history shows that 
in no instance of doubt or dispute has he exercised the power 
of deciding, and that the two houses of Congress have dis- 
posed of all such doubts and disputes, although in no in- 
stance hitherto have they been such that their decision could 
essentially have affected the result. 

For the first time the Government of the United States 
is now brought to meet the question as one vital to the re- 
sult, and this under conditions not the best calculated to 



The Administration or Eutherford B. Hayes 219 

produce an agreement or to induce calm feeling in the several 
branches of the Government or among the people of the 
country. In a case where, as now, the result is involved, 
it is the highest duty of the law-making power to provide 
in advance a constitutional, orderly, and just method of 
executing the Constitution in this most interesting and 
critical of its provisions. The doing so, far from being a 
compromise of right, is an enforcement of right and an 
execution of powers conferred by the Constitution on Con- 
gress. 

I think that this orderly method has been secured by the 
bill, which, appealing to the Constitution and the law as the 
guide in ascertaining rights, provides a means of deciding 
questions of single returns through the direct action of Con- 
gress, and in respect to double returns, by a tribunal of 
inquiry, whose decisions stand unless both Houses of Con- 
gress shall concur in determining otherwise; thus securing 
a definite disposition of all questions of dispute, in whatever 
aspect they may arise. With or without this law, as all of 
the States havfe voted, and as a tie vote is impossible, it must 
be that one of the two candidates has been elected; and it 
would be deplorable to witness an irregular controversy as to 
which of the two should receive or which should continue to 
hold the office. In all periods of history controversies have 
arisen as to the succession or choice of the chiefs of states, 
and no party or citizens loving their country and its free 
institutions can sacrifice too much of mere feeling in pre- 
serving through the upright course of law their country 
from the smallest danger to its peace on such an occasion, 
and it cannot be impressed too firmly in the heart of all 
the people that true liberty and real progress can exist only 
through a cheerful adherence to constitutional law. 

The bill purports to provide only for the settlement of 
questions arising from the recent elections. The fact that 
such questions can arise demonstrates the necessity, which I 
cannot doubt will before long be supplied, of permanent 
general legislation to meet cases which have not been con- 
templated in the Constitution or laws of the country. 



220 Executive Eegister of the United States 

The bill may not be perfect, and its provisions may not 
be such as would be best applicable to all future occasions, 
but it is calculated to meet the present condition of the 
question and of the country. 

The country is agitated. It needs and it desires peace 
and quiet and harmony between all parties and all sections. 
Its industries are arrested, labor unemployed, capital idle, 
and enterprise paralyzed by reason of the doubt and anxiety 
attending the uncertainty of a double claim to the Chief 
Magistracy of the nation. It wants to be assured that the 
result of the election will be accepted without resistance 
from the supporters of the disappointed candidate, and that 
its highest officer shall not hold his place with a questioned 
title of right. Believing that the bill will secure these ends, 
I give it my signature. 

U. S. Grant. 

Executive Mansion, January 29, 1877 



The Administration of Eutherfokd B. Hayes 221 



EuTHERFORD B. Hayes, Ohio. 
William A.- Wheeler, New York. 
March 5, 1877, to March 3, 1881. 

Secretary' of State. 

Hamilton Fish, of New York, continued from last admin- 
istration; resigned March 5, 1877; served to March 12, 
1877. 

William M. Evarts, of New York, nominated March 7, 
1877; coniirmed March 10, 1877; commissioned March 
12, 1877; entered upon duties same day; served through 
remainder of the administration. 

Secretary of the Treasury. 

Lot M. Morrill, of Maine, continued from last administra- 
tion; resigned March 5, 1877; served to March 9, 1877. 

John Sherman, of Ohio, nominated March 7, 1877 ; con- 
iirmed and commissioned March 8, 1877; entered upon 
duties March 10, 1877 ; served to March 3, 1881. 

Secretary of War. 

James D. Cameron, of Pennsylvania, continued from last 
administration; resigned March 5, 1877; served to 
March 11, 1877. 

George W. McCrary, of Iowa, nominated March 7, 1877; 
confirmed March 10, 1877; commissioned March 12, 
1877 ; entered upon duties same day ; resigned and served 
to December 11, 1879; appointed United States Circuit 
Judge, 8th Circuit, December 9, 1879. 

Alexander Ramsey, of Minnesota, nominated, confirmed 
and commissioned December 10, 1879; entered upon 
duties December 12, 1879 ; served through remainder of 
the administration. 



233 Executive Kegister of the United States 

Attorney General. 

Alphonso Taft^ of Ohio, continued from last administra- 
tion; resigned March 5, 1877; served to March 11, 1877. 

Charles Devens^ of Massachusetts, nominated March 7, 
1877; confirmed March 10, 1877; commissioned March 
IS, 1877; entered upon duties same da}^; served through 
remainder of the administration. 

Postmaster General. 

James N. Tyner^ of Indiana, continued from last adminis- 
tration; resigned March 5, 1877; served to March 12, 

Oil. 

David M. Key,, of Tennessee, nominated March 7, 1877 ; 
confirmed March 10, 1877; commissioned March 13, 
1877 ; entered upon duties March 13, 1877 ; served to 
August 34, 1880; appointed United States District 
Judge for the Eastern and Middle Districts of Tennessee, 
May 30, 1880. 

Horace Maynard, of Tennessee, nominated Ma}^ 19, 1880; 
confirmed and commissioned June 3, 18'80; entered 
upon duties August 85, 1880 ; served through remainder 
of the administration. 

Secretary of tlie Navy. 

George M. Eobeson, of Kew Jerse}^, continued from last ad- 
ministration ; resigned March 5, 1877; served to March 
13, 1877. 

EiCHARD W. Thompson, of Indiana, nominated March 7, 
1877; confirmed March 10, 1877; commissioned March 
13, 1877; entered upon duties March 13, 1877; resigned 
and served to December 20, 1880. 

Alexander Eamsey, of Minnesota (Secretary of War), ad 
interim December 20, 1880, to December 30, 1880. 

Nathan Goff, Jr., of West Virginia, nominated, confirmed 
and commissioned January 6, 1881 ; entered upon duties 
January 7, 1881; served through remainder of the ad- 
ministration. 



The Administration of Eutherford B. Hayes 223 

Secretary of the Interior. 

Zachariah Chandler, of Michigan, continued from last 
administration; resigned March 5, 1877; served to March 
11, 1877. 

Carl Schurz, of Missouri, nominated March 7, 1877; con- 
firmed March 10, 1877; commissioned March 12, 1877; 
entered upon duties same day; served through remainder 
of the administration. 

[Revised Statutes of the United States, 2nd Edition, 1878, p. 22.] 

Presidential Elections. 

Sec. 131. Except in case of a presidential election prior xime of appoint- 
to the ordinary period, as specified in sections one hundred i'Mai-.Ti792', c. s. 
and forty-seven to one hundred and forty-nine, inclusive, lij Jan., 1845, c.'i, 
when the ofiices of President and Vice-President both become 29 Jan., '1877, c. 

37 V 19 D 2''7 

vacant, the electors of President and Vice-President shall be 
appointed, in each State, on the Tuesday next after the first 
Monday in November, in every fourth year succeeding every 
election of a President and Vice-President. (See sec. 5520.) 

Sec. 132. The number of electors shall be equal to the Number of 
number of Senators and Representatives to which the several 1 Mar., 1792, c. 8, 

s 1 V 1 p 239 

States are l)y law entitled at the time when the President and 
Vice-President to be chosen come into office; except, that 
where no apportionment of Eepresentatives has been made 
after any enumeration, at the time of choosing electors, the 
number of electors shall be according to the then existing 
apportionment of Senators and Representatives. 

Sec. 133. Each State may, by law, provide for the filling vacancies in 
of any vacancies which may occur in its college of electors college. 
when such college meets to give its electoral vote. v. 5, p'.'72i. ' 

Sec. 134. Whenever any State has held an election for the Failure to make 

„.-, , ,.a choice on the 

purpose of choosing; electors, and has tailed to malce a cnoice appointed day. 

U -, -f -. 1 T xi 1 i. 1 -J- , 23Jan., 1845, c. 1, 

on the day prescribed by law, the electors may be appointed v. 5, p. 721. 
on a subsequent day in such a manner as the legislature of 
such State may direct. 

^ » loiiiin L T ■ Meeting of 

Sec. 135. The electors for each State shall meet and give electoral college. 

. ^ 1 • .1 1 Mar., 1792, c. 8, 

their votes upon the first Wednesday m December m the year s. 2, v. 1, p. 239. 



224 Executive Register of the United States 

in which they are appointed, at such place, in each State, as 

the legislature of such State shall direct. 

List of names Scc. 136. It shall be tlic dutj of the executive of each 

°be^urn'ished State to causc three lists of the names of the electors of such 

1 Mar., 1792, c. s, State to be made and certified, and to be delivered to the 

' ^" ' ^' " ' electors on or before the day on which they are required, by 

the preceding section, to meet. 

Manner of voting. Sec. 137. The clcctors sliall vote for President and Vice- 

c. 50, s. 1,' President, respective^, in the manner directed by the Con- 

V. 2, p. 295. 

stitution. 
Certificates Scc. 138. The clcctors shall make and sign three certifi- 
and signed, catcs of all the votes givcu by them, each of which certificates 

1 Mar 1792 

c. 8, s's. 2, 3', shall contain two distinct lists, one of the votes for President, 

V 1 D 239 

26Mar.,"i804i and the other of the votes for Vice-President, and shall annex 

c 50 s 1 V 2 

' ' ■ 1'). 295'. to each of the certificates one of the lists of the electors which 
shall have been furnished to them by direction of the execu- 
tive of the State. 
Certificates Scc. 139. The elcctors shall seal uj) the certificates so 
and indorsed, made by them, and certify upon each that the lists of all the 
s. I^v. i,"p.'^239. votes of such State given for President, and of all the votes 
c. 50, s. i^'voi. 2' given for Vice-President, are contained therein. 
Transmission of Sec. 140. The clcctors sliall dispose of the certificates thus 

the certificates. n i xi • j_i _e m 

1 Mar., i792,c. 8, made by them m the toilowing manner : 

26 Ma7. 1804, c. 50,' One. They shall, by writing under their hands, or under 

' ^' "' ^' ■ the hands of a majority of them, appoint a person to take 

charge of and deliver to the President of the Senate, at the 

seat of Government, before the first Wednesday in January 

then next ensuing, one of the certificates. 

Two. They shall forthwith forward by the post-oflice to 
the President of the Senate, at the seat of Government, one 
other of the certificates. 

Three. They shall forthwith cause the ather of the cer- 
tificates to be delivered to the judge of that district in which 
the electors shall assemble. 
When Secretary Sec. 141. Whenever a certificate of votes from any State 

of state shall -, , -. . ., , . "^ „ 

send for district lias uot been rcccived at the seat of Government on the first 

judge's list, ^rj -| , i> T 

1 Mar., 1792, c. 8, Wednesday oi January indicated by the preceding section, 
the Secretary of State shall send a special messenger to the 



The Administration of Eutpierford B. Hayes 225 

district judge in whose custody one certificate of the votes 
from that State has been lodged, and such judge sliall forth- 
with transmit that list to the seat of Government. 

Sec. 142. Congress shall be in session on the second Wed- Counting the 

T-T-ii J- ,. p_Liij electoral votes 

nesday m i^ ebruary succeeding every meeting ol the electors, in Congress. 
and the certificates, or so many of them as have been received, s. s.^vVi, p.'oio.' 
shall then be opened, the votes counted, and the persons to 
fill the offices of President and Vice-President ascertained 
and declared, agreeable to the Constitution. 

Sec. 143. In case there shall be no President of the Senate Provision for 
at the seat of Government on the arrival of the persons in- President of 
trusted with the certificates of the votes of the electors, then i Mar., 1792, c. 8, 
such persons shall deliver such certificates into the office of ' ' ' ' ^' " 
the Secretary of State, to be safely kept, and delivered over 
as soon as may be to the President of the Senate. 

Sec. 144. Each of the persons appointed by the electors Mileage of 
to deliver the certificates of votes to the President of the 1 Mar. ,"1792, c. 8, 
Senate shall be allowed, on the delivery of the list intrusted 
to him, twenty-five cents for every mile of the estimated dis- 
tance, by the most usual road, from the place of meeting of 
the electors to the seat of Government of the United States. 

Sec. 145. Every person who, having been appointed, pur- Forfeiture for 
suant to subdivision one of section one hundred and forty or neglect of duty. 

. 1 Mar 1792 c 8 

to section one hundred and fortj^-one, to deliver the certifi- s. 8, v.'i, p!'240. ' 
cates of the votes of the electors to the President of the Sen- 
ate, and having accepted such appointment, shall neglect to 
perform the services required from him, shall forfeit the sum 
of one thousand dollars. 

Sec. 14G. In case of removal, death, resignation, or inabil- vacancy in 
ity of both the President and Vice-President of the United 1 Mar., 1792, c. 8, 

. ^ . . , s. 9, V. 1, p. 240. 

States, the President of the Senate, or, if there is none, then 
the Speaker of the House of Eepresentatives, for the time 
being, shall act as President until the disability is removed 
or a President elected. 

Sec. 147. Whenever the offices of President and Vice- Notification 
President both become vacant, the Secretary of State shall be published. ° 
forthwith cause a notification thereof to be made to the ex- g. io_'";;. j^ p. 940.' 
ecutive of every State, and shall also cause the same to be 



226 Executive Register of the United States 

published in at least one of the newspapers printed in each 
State. 
Requisites of Sec. 148. The notification shall specify that electors of a 
1 Mar"°i792? c°8' President and Vice-President of the United States shall be 
29^jan'.7i87Vfc. 37', appointed or chosen in the several States, as follows : 

V. 19, p. 227. 

First. If there shall be the space of two months yet to 
ensue between the date of such notification and the first Wed- 
nesday in December then next ensuing, such notification shall 
specify that the electors shall be appointed or chosen within 
thirty-four days preceding such first Wednesday in December. 
Second. If there shall not be the space of two months 
between the date of such notification and such first Wednes- 
day in December, and if the term for which the President and 
Vice-President last in office were elected will not expire on 
the third day of March next ensuing, the notification shall 
specify that the electors shall be appointed or chosen within 
thirty-four days preceding the first Wednesday in December 
in the year next ensuing. But if there shall not be the 
space of two months between the date of such notification 
and the first Wednesday in December then next ensuing, 
and if the term for which the President and Vice-President 
last in office were elected will expire on the third day of 
March next ensuing, the notification shall not specify that 
electors are to be appointed or chosen 
Time of holding Sec. 149. Elcctors appointed or chosen upon the notifica- 
fiii vacancy, tiou prescribed by the preceding section shall meet and give 
c. 8,' s. lo', their votes upon the first Wednesday in December specified 
'in the notification. 
Regulations for Scc. 150. Tlic provisious of this Title, relating to the 
tion made quadrennial election of President and Vice-President, shall 
election to apply with rcspcct to any election to fill vacancies in the 
1 Mar., 1792, a 8, offices of President and Vice-President, held upon a notifica- 
' ' ' ^' ■ tion given when both offices become vacant. 
Resignation or Scc. 151. The ouly evideucc of a refusal to accept, or of 
1 Mar., 1792, c. s', a resignation of the office of President or Vice-President, shall 
' be an instrument in writing, declaring the same, and sub- 
scribed by the person refusing to accept or resigning, as the 



The Administration of Eutherford B. Hayes 227 

case may be, and delivered into the office of the Secretary of 
State. 

Office of the President. 

Sec. 152. The term of four years for which a President commencement of 
and Vice-President shall be elected, shall, in all cases, com- 1 Mar°S°®rc. s, 
mence on the fourth day of March next succeeding the day ^' ^"' ''' ^' ^' ^^^' 
on which the votes of the electors have been given. 

Executive Departments. 

See. 177. In case of the death, resignation, absence, or vacancies; how 
sickness of the head of any Department, the first or sole assist- 23'jSi'y^'i868f cf''" 
ant thereof shall, unless otherwise directed by the President, p". iii^' ^' ^^' 
as provided by section one hundred and seventy-nine, perform 
the duties of such head until a successor is appointed, or such 
absence or sickness shall cease. 

Sec. 179. In any of the cases mentioned in the two pre- Discretionary 
ceding sections, except the death, resignation, absence, or the President, 
sickness of the Attorney-General, the President may, in his c. 227^5. s, v. 15, 
discretion, authorize and direct the head of any other Depart- 22 juiie, i87o, 
ment or any other officer in either Department, whose ap- p". 162.' ' ' ^' ' 
pointment is vested in the President, by and with the advice 
and consent of the Senate, to perform the duties of the vacant 
office until a successor is appointed, or the sickness or absence 
of the incumbent shall cease. 

Sec. 180. A vacancy occasioned by death or resignation Temporary 
must not be temporarily filled under the three preceding see- limited to 
tions for a longer period than ten days. 23Juiy, ises, 

" . . c. 227 s. 3 

Sec. 181. No temporary appointment, designation, or as-v! 15, p.'ie's. 
signment of one officer to perform the duties of another, in on temporary 

,, 1 1 X- 1111 4. appointments. 

the cases covered by sections one hundred and seventy-seven 23 juiv, iscs, 

. c. 227 s. 2 

and one hundred and seventy-eight, shall be made otherwise v'. 15. Vies, 
than as j)rovided by those sections, except to fill a vacancy 
happening during a recess of the Senate. 

See. 182. An officer performing the duties of another E.\tra compen- 

•^ . sation disallowed. 

office, during a vacancy, as authorized by sections one 23 juiy, iscjk, 
hundred and seventy-seven, one hundred and seventy-eight, v! is/p.'ies. 
and one hundred and seventy-nine, is not by reason thereof 



228 Executive Eegister of the United States 

entitled to any other compensation than that attached to 

his proper office. 

Establishment of Sec. 199. There shall be at the seat of Government an 

of state Executive Department to he known as the Department of 

s. 1, V. 1, p. 28.' State, and a Secretary of State^ who shall he the head 

15 Sept., 1789, , „ 

c. li, s. 1, V. 1, thereof. 

Establishment of Sec. 214. There shall be at the seat of Government an 
^ of War. Executive Department to be known as the Department of 

s. i','v. i,'p.'49'. War, and a Secretary of War, who shall be the head thereof. 
Establishment of Sec. 233. There shall be at the seat of Government an 

the Department i -r-v j j /• 

of the Treasury. Exccutivc Department to be known as the Department of 
s. i', V. I'p! 65! the Treasury, and a Secretary of the Treasury, who shall be 

the head thereof. 
Establishment Scc. 346. There shall be at the seat of Government an 

of Department 

of Justice. Executive Department to be known as the Department of 
s. 35' V. 1,' p. 92.' Justice, and an Attorney-General, who shall be the head 

22 June, 1870, , „ J ^ 

c. 150, s. 1, V. 16, thereof. 

p. 162. 

Solicitor-General. Sec. 347. There sliall be in the Department of Justice 
"^ c. 150, s. 2i an officer learned in the law, to assist the Attorney-General 

V. 16, p. 162. /-. 1 

in the performance of his duties, called the Solicitor-General, 

who shall be appointed by the President, by and with the 

advice and consent of the Senate, ***** 

******* 

In case of a vacancy in the office of Attorney-General, or 
of his absence or disability, the Solicitor-General shall have 
power to exercise all the duties of that office. 
Establishment of Sec. 388. There shall be at the seat of Government an 

the Post-Office 

Department. Exccutivc Department to be known as the Post-Offiee De- 

8 May, 1794, c. 23, ^ \ _, 

s. 3, V. 1, p. 357. partment, and a Postmaster-General, who shall be the 
c. 335, ss. 1, 2, head thereof, and who shall be appointed by the President, 
' ' " ' by and Avith the advice and consent of the Senate, and who 
may be removed in the same manner; and the term of the 
Postmaster-General shall be for and during the term X)i the 
President by whom he is appointed, and for one month 
thereafter, unless sooner removed. 

Oath of office. 

8 June, 1872, Sec. 391. Before entering upon the duties of his office, and 
..^ v.' 17 'p. 287.' before he shall receive any salary, the Postmaster-General 

5 Mar. 1874, c. 46, ., '' -' ' 

V. 18, p. 19. and each of the persons employed in the postal service shall 



The Administration of Eutherford B. Hayes 229 

respectively take and subscribe, before some magistrate or 
other competent officer, the following oath: "I, A. B., do 
solemnly swear (or affirm) that I will faithfully perform all 
the duties required of me, and abstain from everything 
forbidden by the laws in relation to the establishment of 
post-offices and post-roads within the United States; and 
that I will honestly and truly account for and pay over any 
money belonging to the said United States which may come 
into my possession or control: So help me, God." 

Sec. 415. There shall be at the seat of Grovernment an Establishment of 
Executive Department, to be known as the Department of of ttie^Navy!™* 
the Navy, and a Secretary of the Navy, who shall be the head 35, s!'" V^ 1^, JD.'^sas. 
thereof. 

Sec. 437. There shall be at the seat of Government an Establishment of 
Executive Department to be known as the Department of ofThI interior, 
the Interior, and a Secretary of the Interior, who shall be the c. los^'s. 1, ' 
head thereof. v. , p. 

Sec. 1756. Every person elected or appointed to any Form of oath 
office of honor or profit, either in the civil, military, or naval 2 juiy'^^i862, c. 
service, excepting the President and the persons embraced ^^^' "" ^^' ^' 
by the section following, shall, before entering upon the ex parte Garland, 
duties of such office, and before being entitled to any part ^ '' 
of the salary or other emoluments thereof, take and subscribe 
the following oath: " I, A. B., do solemnly swear (or affirm) 
that I have never voluntarily borne arms against the United 
States since I have been a citizen thereof; that I have volun- 
tarily given no aid, countenance, counsel, or encouragement 
to persons engaged in armed hostility thereto; that I have 
neither sought, nor accepted, nor attempted to exercise the 
functions of any office whatever, under any authority, or 
pretended authority, in hostility to the United States; that 
I have not yielded a voluntary support to any pretended 
government, authority, power, or constitution within the 
United States, hostile or inimical thereto. And I do further 
swear (or affirm) that, to the best of my knowledge and 
ability, I will support and defend the Constitution of the 
United States against all enemies, foreign and domestic ; that 
I will bear true faith and allegiance to the same; that I take 



230 Executive Kegister of the United States 

this obligation freely, without any mental reservation or 
purpose of evasion, and that I will well and faithfully dis- 
charge the duties of the office on which I am about to enter, 
so help me Grod." 
Oath forcer- Scc. 1757. Whenever any person who is not rendered 
11 July, 1868; ineligible to office by the provisions of the fourteenth amend- 
15 Feb'., isTi, c'. 53', mcnt to the Constitution is elected or appointed to any office 

V 16 p. 412. 

of honor or trust under the Government of the United States, 
and is not able, on account of his participation in the late 
. rebellion, to take the oath prescribed in the preceding sec- 
tion, he shall, before entering upon the duties of his office, 
take and subscribe in lieu of that oath the following oath: 
"I, A. B., do solemnl}^ swear (or affirm) that I will support 
and defend the Constitution of the United States against all 
enemies, foreign and domestic; that I will bear true faith 
and allegiance to the same; that I take this obligation freely, 
without any mental reservation or purpose of evasion; and 
that I will well and faithfully discharge the duties of the 
- office on which I am about to enter. So help me God." 
Who may admin- Soc. 1758. The oatli of officc required by either of the 
6 Aug., 1861, c. 6i, two preceding sections may be taken before any officer who 

s. 2, V. 12, p. 326. . . 

18 April, 1876, is authorized either by the laws of the United States, or by 

c. 60, V. 19, p. 34. . . ^ J 

■'■'■■ j^Yie local municipal law, to administer oaths, in the State, 

Territory, or District where such oath may be administered. 

Custody of oath. Scc. 1759. The oath of office taken by any person 

2 July, 1862, c. ■ . J J l 

128, V. 12, p. 502. pursuant to the requirements of section seventeen hundred 
and fifty-six, or of section seventeen hundred and fifty-seven, 
shall be delivered in by him to be preserved among the files 
of the House of Congress, Department, or court to which 
the office in respect to which the oath is made may appertain. 
Tenure of office. Scc. 1767. Evcry pcrsou hoMiug any civil officc to wMch 
c. 154, s. i; he has been or hereafter may be appointed by and with the 

V. 14, p. 430. T . T J rr j 

5 April, 1869, c. 10, advice and consent of the Senate, and who shall have become 

s. 1, V. 16, p. 6. ' 

Embryos Case, 13 duly qualified to act therein, shall be entitled to hold such 

Kj. Ols. 455. 

office during the term for which he was appointed, unless 
sooner removed by and with the advice and consent of the 
Senate, or by the appointment, with the like advice and con- 



The Administration of Kutheeford B. Hayes 231 

sent, of a successor in his place, except as herein otherwise 
provided. 

Sec. 1768. During any recess of the Senate the President suspension and 
is authorized, in his discretion, to suspend any civil officer 2 Man^isw,"^^' 
appointed by and with the advice and consent of the Senate, v. u, 'p.' m. 
except judges of the courts of the United States, until thes. trv-^iefp^.'?!' '"'' 
end of the next session of the Senate, and to designate some is"^ cL 455.' 
suitable person, subject to be removed, in his discretion, by 
the designation of another, to perform the duties of such 
suspended officer in the meantime; and the person so desig- 
nated shall take the oath and give the bond required by law 
to be taken and given by the suspended officer, and shall, 
during the time he performs the duties of such officer, be 
entitled to the salary and emoluments of the office, no part 
of which shall belong to the officer suspended. The Presi- 
dent shall, within thirty days after the commencement of 
each session of the Senate, except for any office which in his 
opinion ought not to be filled, nominate persons to fill all 
vacancies in office which existed at the meeting of the Senate, 
whether temporarily filled or not, and also in the place of 
all officers suspended; and if the Senate during such session 
shall refuse to advise and consent to an appointment in the 
place of any suspended officer, then, and not otherwise, the 
President shall nominate another person as soon as practica- 
ble to the same session of the Senate for the office. 

Sec. 1769. The President is authorized to fill all va- Filling vacancies 
cancies which may happen during the recess of the Senate 2 Mar°T867,' 
by reason of death or resignation or expiration of term of v. 1 4, 'p^.' 430. 
office, by granting commissions which shall expire at the °iu,Ty'. v. 10,%. 7. 
end of their next session thereafter. And if no appointment, 
by and with the advice and consent of the Senate, is made to 
an office so vacant or temporarily filled during such next ses- 
sion of the Senate, the office shall remain in abeyance, with- 
out any salary, fees, or emoluments attached thereto, imtil it 
is filled by appointment thereto by and with the advice and 
consent of the Senate; and during such time all the powers 
and duties belonging to such office shall be exercised by 
S. Doc. 196, 58-3—05 16 



232 Executive Register of the United States 

such other officer as may hy law exercise such powers and 

duties in case of a vacancy in such office. 

Term of office not Scc. 1770. NotMug in scctlons Seventeen hundred and 

*° 2 Man!'i867; sixty-seven, seventeen hundred and sixty-eight, or seventeen 

v^iHt 43i: hundred and sixty-nine shall be construed to extend the term 

of any office the duration of which ir limited hy law. 
Accepting or Scc. 1771. Evcry person who, contrary to the four pre- 
contra?yTo°aw%edino- scctious, acccpts any appointment to or employment 

2 Mar., 1867, . ^ -, i n . ,, - x r, ij 

c. 154, s. 5, in any office, or holds or exercises, or attempts to hold or 

''' ' ^' ' exercise, any such office or employment, shall he deemed 

guilty of a high misdemeanor, and shall he imprisoned not 

more than five years, or fined not more than ten thousand 

dollars, or both. 

Removing, ap- Sec. 1772. Evcry removal, appointment, or employment, 

comm'isswning made, had, or exercised, contrary to sections seventeen hun- 

offlcer contrary ,. . i^iini j. 

to law. dred and sixty-seven, to seventeen hundred and seventy, 

2 Mar., 1867, , , . i ,i i • • ■ v x 

c. 154, s. 6, inclusive, and the making, signing, sealing, counter- 
' ^' 'signing, or issuing of any commission or letter of 
authority for or in respect to any such appointment or em- 
ployment, shall be deemed a high misdemeanor, and every 
person guilty thereof shall be imprisoned not more than five 
years, or fined not more than ten thousand dollars, or both. 
Conspiracy to Scc. 5520. If two OT more persons in any State or Ter- 
support of any ritory couspire to prevent by force, intimidation, or threat, 
20 April, 1871', any citizen who is lawfully entitled to vote, from giving his 
V. 17, pp. 13, 14.' support or advocacy, in a legal manner, toward or in favor 
of the election of any lawfully qualified person as an elector 
for President or Vice-President, or as a member of the 
Congress of the United States; or to injure any citizen in 
person or property on account of such support or advocacy; 
each of such persons shall be punished by a fine of not less 
than five hundred nor more. than five thousand dollars, or by 
imprisonment, with or without hard labor, not less than six 
months nor more than six years, or by both such fine and 
imprisonment. 



THE ADMINISTRATION 
OF 

JAMES A. GARFIELD 

March 4, 1881 to September 19, 1881 



234 Executive Kegister of the United States 



ELECTION FOR THE TWENTY-FOURTH TERM, COMMENCING 4th MARCH, 1881, 
AND TERMINATING 3rd MARCH, 1885. 



STATES. 



The vote of Georgia, 
cast on 8th Decem- 
ber, second Wednes- 
day of the month. If 
counted, 



Alabama 

Arkansas . . 

California 

Colorado 

Connecticut — 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts .. 

Michigan 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire. 

New Jersey 

New York 

North Carolina.. 

Ohio 

Oregon 

Pennsylvania . . . 
Rhode Island — 
South Carolina.. 

Tennessee 

Texas 

Vermont 

Virginia 

West Virginia. .. 
Wisconsin 



President. 



The vote of Georgia, 
cast on 8th December, 
second Wednesday of 
the mouth. If not count- 
ed, (SeeSec. 135,R.S.) 



369, whole number; 
necessary to elect, 185. 



21 

15 

11 

5 



314 



Tlie vote of Georgia, 
cast on 8th Decem- 
secoiid Wednes- 
day of the moutb. If 
counted. 



1.55 



314 



w-E 



10 



Vice President. 



The vote of Georgia, 
cast on 8th Decem- 
ber, second Wednes- 
day ol the month. If 
not counted. 



1^ 






13 



155 



^ o 



314 



12 



144 



Popular vote . 
Plurality — 



4,449,053 
7,018 



4,442,035 



The Administration of Jamks A. Garfield 235 



James A. Garfield, Ohio, (Died September 19, 1881). 
Chester A. Arthur, New York. 

March 4, 1881, to September 19, 1881. 

Secretary of State. 

William M. Evarts, of New York, continued from last 
administration; resigned March 4, 1881; served to 
March 7, 1881. 

James G. Blaine^ of Maine, nominated, confirmed and com- 
missioned March 5, 1881; entered upon duties March 7, 
1881 ; served through remainder of Garfield's administra- 
tion. 

Secretary of the Treasury. 

Henry F. French, of Massachusetts (Assistant Secretary), 
ad interim March 4, 1881, to March 7, 1881. 

William Windom, of Minnesota, nominated, confirmed and 
commissioned March 5, 1881 ; entered upon duties 
March 8, 1881; served through remainder of Garfield's 
administration. 

Secretary of War. 

Alexander Eamsey, of Minnesota, continued from last 

administration; resigned March 4, 1881; served to 

March 10, 1881. 
Robert T. Lincoln, of Illinois, nominated, confirmed and 

commissioned March 5, 1881 ; entered upon duties 
■ March 11, 1881; served through remainder of Garfield's 

administration. 

Attorney General. 

Charles Devens, of Massachusetts, continued from last 
administration ; resigned March 4, 1881 ; served to 
March 7, 1881. 



236 Executive Eegister of the United States 

Wayne MacVeagh, of Pennsylvania, nominated, confirmed 
and commissioned March 5, 1881 ; entered upon duties 
March 7, 1881; served through remainder of Garfield's 
administration. 

Postmaster Geneeal. 

Horace Maynard, of Tennessee, continued from last admin- 
istration; resigned March 4, 1881; served to March 7, 
1881. 

Thomas L. James, of New York, nominated, confirmed and 
commissioned March 5, 1881; entered upon duties 
March 8, 1881; served through remainder of Garfield's 
administration. 

Secretary oe the Navy. 

Nathan Goff, Jr., of West Virginia, continued from last 
administration; resigned March 4, 1881; served to 
March 7, 1881. 

William H. Hunt, of Louisiana, nominated, confirmed and 
commissioned March 5, 1881 ; entered upon duties 
March 7, 1881 ; served through remainder of Garfield's 
administration. 

Secretary of the Interior. 

Carl Schurz, of Missouri, continued from last administra- 
tion; resigned March 4, 1881; served to March 7, 1881. 

Samuel J. Kirkwood, of Iowa, nominated, confirmed and 
commissioned March 5, 1881 ; entered upon duties 
March 8, 1881 ; served through remainder of Garfield's 
administration. 

PUBLIC ANNOUNCEMENT. 

[From the New York Herald, September 20, 1S81.] 

Elberon, N. J., September 19 — 11.30 p. m. 
The President died at thirty-five minutes past 10 p. m. 
After the bulletin was issued at half past 5 this evening the 



The Administration of James A. Garfield 237 

President continued in much the same condition as durinec 
the afternoon, the pulse varying from 102 to 106, with rather 
increased force and volume. After taking nourishment he 
fell into a quiet sleep about thirty-five minutes before his 
death, and while asleep his pulse ran to 120 and was 
somewhat more feeble. At ten minutes after 10 o'clock he 
awoke, complaining of severe pain over the region of the 
heart, and almost immediately became unconscious, and 
ceased to breathe at twenty-five minutes to 11. 

D. W. Bliss, 

Frank H. Hamilton, 

D. Hayes Agnew. 



THE ADMINISTEATIOE" 
OF 

CHESTER A. ARTHUR 

September 30, 1881 to March 3, 1885 



240 Executive Eegister of the United States 



[From New York Times, September 20, 1881.] 

TELEGRAM. 

Long Branch, N. J., September 19, 1881. 
Hon. Chester A. Arthur^ 

No. 123 Lexington Avenue, New York. 
It becomes our painful duty to inform you of the death of 
President Grarfield and to advise you to take tlie oath of office 
as President of the United States without delay. If it con- 
cur with your judgment, we will be very glad if you will 
come here on the earliest train to-morrow morning. 

William Windom, 

Secretary of the Treasury, 
William H. Hunt, 

Secretary of the Navy, 
Thomas L. James, 

Postmaster General, 
Wayne MacVeagh, 
Attorney General, 

S. J. KiRKWOOD, 

Secretary of the Interior. 
(Secretaries Blaine and Lincoln were not at Long Branch 
at the time.) 

[From the Evening Star, Washington, September 20, 1881.] 
New York, September 20, 1881. 

I have your message announcing the death of President 
Garfield. Permit me to renew through 3^ou the expression 
of sorrow and sympathy which 1 have already telegraphed 
to Attorney General MacVeagh. In accordance with your 
suggestion, I have taken the oath of office as President before 
the Hon. John E. Brady, Justice of the Supreme Court of 
the State of New York. I will soon advise 3'^ou further in 
regard to the other suggestion in your telegram. 

C. A. Arthur. 
(Addressed to the Cabinet.) 



The Administration of Chester A. Arthur 241 

[The Washington Post, September 23, 1881.] 

The formal oath of office was administered to President 
Arthur in the Vice President's room in the Capitol at 12.10 
p. m. on Thursday, September 22, 1881, by Chief Justice 
Morrison E. Waite, of the Supreme Court of the United 
States. He was accompanied to the Capitol by Senator John 
P. Jones, General Grant, and General Beale, and took the 
oath in the presence of ex-Presidents Grant and Hayes, mem- 
bers of the cabinet. Associate Justices Harlan and Matthews, 
General Sherman, Senators Hale, Jones, of Nevada, Anthony, 
Blair, Garland, Dawes, Sherman, Jones, of Florida, and 
Eepresentatives Hiscock, McCook, Errett, Townsend, Speaker 
Sharpe, of New York, Cornelius N. Bliss, and others. He 
then read the following inaugural address : 

" For the fourth time in the history of the Republic its 
Chief Magistrate has been removed by death. All hearts are 
filled with grief and horror at the hideous crime which has 
darkened our land; and the memory of the murdered Presi- 
dent, his protracted sufferings, his unyielding fortitude; the 
example and achievements of his life and the ]3athos of his 
death will forever illume the pages of our history. For the 
fourth time the officer elected by the people and ordained by 
the Constitution to fill a vacancy so created is called to 
assume the Executive chair. The wisdom of our fathers, 
foreseeing even the most dire possibilities, made sure that 
the Government should never be imperilled because of the 
uncertainty of human life. Men may die, but the fabrics 
of our free institutions remain unshaken. 

No higher or more assuring proof could exist of the 
strength and permanence of popular government than the 
fact that though the chosen of the people be struck down his 
constitutional successor is peacefully installed without shock 
or strain except the sorrow which mourns the bereavement. 
All the noble aspirations of my lamented predecessor which 
found expression in his life, the measures devised and sug- 
gested during his brief administration to correct abuses and 
enforce economy; to advance prosperity and promote the 



243 Executive Eegister of the United States 

general welfare; to ensure domestic security and maintain 
friendly and honorable relations with the nations of the 
earth, will be garnered ,in the hearts of the people, and it 
will be my earnest endeavor to profit, and to see that the 
Nation shall profit, by his example and experience. Pros- 
perity blesses our country, our fiscal policy is fixed by law, 
is well grounded and generally approved. 

No threatening issue mars our foreign intercourse, and 
the wisdom, integrity, and thrift of our people may be 
trusted to continue undisturbed the present assured career 
of peace, tranquillity and welfare. The gloom and anxiety 
which have enshrouded the country must make repose espe- 
cially welcome now. 

No demand for speedy legislation has been heard. No 
adequate occasion is apparent for an unusual session of Con- 
gress. The Constitution defines the functions and powers 
of the Executive as clearly as those of either of the other two 
departments of the Government, and he must answer for the 
just exercise of the discretion it permits and the perform- 
ance of the duties it imposes. Summoned to these high duties 
and responsibilities, and profoundly conscious of their mag- 
nitude and gravity, I assume the trust imposed by the Con- 
stitution, relying for aid on Divine guidance and the virtue, 
patriotism, and intelligence of the American people." 



The Administration or Chester A. Arthur 243 



Chester A. Arthur, of New York. 

Thomas F. Bayard^ Delaware, "^ ^ _ 

David Davis, Illinois, I ^J'f^^^^ P[o tempore 

^ T-i T-i -tr j^ oi the benate. 

George F. Edmunds, Vermont, j 

September 20, 1881, to March 3, 1885. 

Secretary of State. 

James G. Blaine, of Maine, continued from Garfield's ad- 
ministration; resigned September 22, 1881; served to 
December 19, 1881. 

Frederick T. Frelinghuysen, of ISTew Jersey, nominated, 
confirmed and commissioned December 12, 1881 ; entered 
upon duties December 19, 1881; served throuo-h remain- 
der of the administration. 



Secretary of the Treasury. 

William Windom, of Minnesota, continued from Garfield's 

administration; resigned September 22, 1881; served to 

November 14, 1881. 
Edwin D. Morgan^ of New York, nominated and confirmed 

October 24, 1881 ; declined October 25, 1881. 
Charles J. Folger^ of New York, nominated, confirmed 

and commissioned October 27, 1881 ; entered upon duties 

November 14, 1881; died September 4, 1884. 
Charles E. Coon, of New York (Assistant Secretary), ad 

interim September 4, 1884, to September 7, 1884. 
Henry F. French, of Massachusetts, (Assistant Secretary), 

ad interim September 8, 1884, to September 14, 1884. 
Charles E. Coon, of New York, (Assistant Secretary), ad 

interim September 15, 1884, to September 24, 1884. 
Walter Q. Gresham, of Indiana, commissioned, (recess of 

the Senate) September 24, 1884; entered upon duties 



244 Executive Eegister of the United States 

September 25, 1884; served to October 29, 1884, when 
he resigned to accept appointment as United States Cir- 
cuit Judge. 
Hugh McCulloch^ of Indiana, commissioned, (recess of the 
Senate) October 28, 1884; entered upon duties October 
31, 1884; nominated December 3, 1884; confirmed and 
recommissioned December 18, 1884; served through 
remainder of the administration. 

Secretary of War. 

Robert T. Lincoln^ of Illinois, continued from Garfield's 
administration; resigned September 22, 1881, but served 
through the administration. 

Attorney General. 

Wayne MacYeagh, of Pennsylvania, continued from Gar- 
field's administration; resigned September 22, 1881; 
served to November 14, 1881. 

Samuel F. Phillips, of North Carolina (Solicitor General), 
ad interim November 14, 1881, to January 2, 1882. 

Benjamin H. Brewster, of Pennsylvania, nominated De- 
cember 16, 1881 ; confirmed and commissioned Decem- 
ber 19, 1881; entered upon duties January 3, 1882; 
served through remainder of the administration. 

Postmaster General. 

Thomas L. James, of New York, continued from Garfield's 
administration; resigned September 22, 1881, but con- 
tinued to serve; renominated, confirmed and recommis- 
sioned October 27, 1881, under act of June 8, 1872 ; re- 
signed December 12, 1881, to take effect January 1, 1882; 
served to January 4, 1882. 

Timothy 0. Howe, of Wisconsin, nominated, confirmed and 
commissioned December 20, 1881; entered upon duties 
January 5, 1882 ; died March 25, 1883. 

Frank Hatton, of Iowa (First Assistant Postmaster Gen- 
eral), ad interim March 26, 1883, to April 10, 1883. 



The Administration of Chester A. Arthur 245 

Walter Q. Gresham, of Indiana, cominissioned (recess of 
the Senate) April 3, 1883; entered upon duties April 
11, 1883; nominated December 5, 1883; confirmed and 
recommissioned December 11, 1883; appointed Secre- 
tary of the Treasury September 24, 1884. 

Frank Hatton^ of Iowa (First Assistant Postmaster Gen- 
eral), ad interim September 25, 1884, to October 13, 
1884. 

Frank Hatton, of Iowa, commissioned (recess of the Sen- 
ate) October 14, 1884; nominated December 2, 1884; 
. confirmed and recommissioned December 4, 1884; served 
through remainder of the administration. 

Secretary of the Navt. 

William H. Hunt^ of Louisiana, continued from Garfield's 
administration; resigned September 22, 1881; served to 
April 16, 1882; appointed Envoy Extraordinary and 
Minister Plenipotentiary to Eussia. April 12, 1882. 

William E. Chandler, of New Hampshire, nominated April 
6, 1882 ; confirmed and commissioned April 12, 1882 ; 
entered upon duties April 17, 1882; served through re- 
mainder of the administration. 

Secretary of the Interior. 

Samuel J. Kirkwood, of Iowa, continued from Garfield's 

administration; resigned September 22, 1881; served to 

April 17, 1882. 
Henry M. Teller, of Colorado, nominated, confirmed and 

commissioned April 6, 1882; entered upon duties April 

17, 1882 ; resigned March 3, 1885. 

[Supplement to the Revised Statutes of the United States, Vol. 1 
2nd Edition, 1874-1891, p. 373.] 

Chap. 389. — An act making appropriations for the legis- August 5, is82. 
lative, executive^ and judicial expenses of the government for ^ ' '' " 
the fiscal year ending June thirtieth, eighteen hundred and 
eighty-three, and for. other purposes. 



246 Executive Eegistee of the United States 
Be 'it enacted, &c., * * * * 



Commanding (Par. 4.) That the President may authorize and direct 
Chief oTbotmu the commanding general of the Army or the chief of any mili- 
secSy of waT tary bureau of the War Department to perform the duties of 
" ^'^°^i222.' the Secretary of War under the provisions of section one hun- 
ch. 44, ante.'^p. 4.' dred and seventy-nine of the Revised Statutes, and section 
26', volt, p. '707.' twelve hundred and twenty-two of the Revised Statutes shall 
not be held or taken to apply to the officer so designated by 
reason of his temporarily performing such duties. 



[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, 1874-1891, p. 428.] 

May 13, 1884. Chap. 46. — An act amending the Revised- Statutes of the 
^ ■ ■' ■ United StaU.] in respect of official oaths, and for other pur- 
poses. 

Be it enoxted, &c.. 

Sec. 2. That section seventeen hundred and fifty-six of 

the Revised Statutes be, and the same is hereby, repealed; 

Official oath, And hereafter the oath to be taken by any person elected 

R. s. sec. 1757." or appointed to any office of honor or profit either in the civil, 

eh. 820, sec. 1,' military, or naval service, except the President of the United 

■ States, shall be as prescribed in section seventeen hundi'ed 
and fifty-seven of the Revised Statutes, - 

Repeal of R. s., But this repeal shall not affect the oaths jDrescribed by ex- 

SGc 1756 • • . 

■ istmg statutes in relation to the performance of duties in 
special or particular sub-ordinate offices and employments. 

Existing rights, Sec. 3. That the provisions of this act shall in no manner 
&c., not aflfected.' affcct any right, duty, claim, obligation, or penalty now exist- 
ing or already incurred ; and all and every such right, duty, 
claim, obligation, and penalty shall be heard, tried, and deter- 
mined, and effect shall be given thereto, in the same manner 
as if this act had not been passed. 



THE ADMINISTEATION 
OF 

GROYEE CLEVELAND 

FIRST TEEM 
March 4, 1885, to March 3, 1889 



Doc. 196, 58-3—05 17 



348 Executive Eegister of the United States 



ELECTION FOR THE TWENTY-FIFTH TERM, COMMENCING 4th 
MARCH, 1885, AND TERMINATING 3rd MARCH, 1889. 






16 

5 

3 

4 

9 

36 

11 

23 

3 

30 

4 

9 

13 

13 

4 

13 

6 

11 



STATES. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts .. 

Michigan 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire. 

New Jersey 

New York 

North Carolina .. 

Ohio 

Oregon 

Pennsylvania . . . 
Rhode Island — 
South Carolina . 

Tennessee 

Texas 

Vermont 

Virginia 

West Virginia . . 
Wisconsin 



401, whole number ; 

necessary to elect, 303. 



Popular vote , 
Plurality 



President. 



9 ^ 



319 






4,911,017 
63,683 



23 



183 



4,848,334 



Vice President. 



•< 03 



219 



The Administration or Gkover C»lev£land 249 



Grover Cleveland, New York. 

Thomas A. Hendricks, Indiana (Died November 25, 1885). 
John Sherman, Ohio, ) Presidents pro tempore 
John J. Ingalls, Kansas, j of the Senate. 

March 4, 1885, to March 3, 1889. 

Secretary of State. 

Frederick T. Frelinghuysen, of New Jersey, continued 
from last administration; resigned, and served to March 
6, 1885. 

Thomas F. Bayard, of Delaware, nominated March 5, 1885; 
confirmed and commissioned March 6, 1885; entered 
upon duties March 7, 1885 ; served through remainder of 
the administration. 

Secretary of the Treasury. 

Hugh McCulloch, of Indiana, continued from last admin- 
istration; resigned, and served to March 7, 1885. 

Daniel Manning, of New York, nominated March 5, 1885 ; 
confirmed and commissioned March 6, 1885; entered 
upon duties March 8, 1885; resigned February 14, 1837; 
served to March 31, 1887. 

Charles S. Fairchild, of New York, commissioned (recess 
of the Senate) April 1, 1887 ; entered upon duties same 
day; nominated December 6, 1887; confirmed and re- 
commissioned December 15, 1887; served through re- 
mainder of the administration. 

Secretary of War. 

Egbert T. Lincoln, of Illinois, continued from last admin- 
istration; resigned, and served to March 6, 1885. 

William C. Endicott, of Massachusetts, nominated March 
5, 1885; confirmed and commissioned March 6, 1885; 



350 Executive Eegister op the United States 

entered upon duties March 7, 1885; served through re- 
mainder of the administration. 

Attorney General. 

Benjamin H. Brev^ster^ of Pennsylvania, continued from 
last administration; resigned, and served to March 8, 
1885. 

Augustus H. Garland^ of Arkansas, nominated March 5, 
1885 ; confirmed and commissioned March 6, 1885 ; en- 
tered upon duties March 9, 1885 ; served through remain- 
der of the administration. 

Postmaster General. 

Frank Hatton^ of Iowa, continued from last administra- 
tion"; resigned, and served to March 6, 1885. 

William F. Vilas^ of Wisconsin, nominated March 5, 1885 ; 
confirmed and commissioned March 6, 1885; entered 
upon duties March 7, 1885 ; served to January 16, 1888, 
when appointed Secretary of the Interior. 

Don M. Dickinson^ of Michigan, nominated December 6, 
1887; confirmed and commissioned January 16, 1888; 
entered upon duties January 17, 1888; served through 
remainder of the administration. 

Secretary oe the Navy. 

William E. Chandler^ of New Hampshire, continued from 
last administration; resigned, and served to March 6, 
1885. 

William C. Whitney^ of New York, nominated March 5, 
1885; confirmed and commissioned March 6, 1885; en- 
tered upon duties March 7, 1885 ; served through remain- 
der of the administration. 

Secretary op the Interior. 

Merritt L. Joslyn^ of Illinois (Assistant Secretary), ad in- 
terim March 4, 1885, to March 7, 1885. 



The Administration of Grover Cleveland 251 

Lucius Q. C. Lamar^ of Mississippi, nominated March 5, 
1885 ; confirmed and commissioned March 6, 1885 ; en- 
tered upon duties March 7, 1885; resigned January 7, 
1888 ; served to January 10, 1888 ; appointed Associate 
Justice of the Supreme Court of the United States Janu- 
ary 16, 1888. 

Henry L. Muldrow, of Mississippi (First Assistant Secre- 
tary), ad interim January 11, 1888, to January 16, 1888. 

William F. Yilas^ of Wisconsin, nominated December 6, 
1887; confirmed and commissioned January 16, 1888; 
entered upon duties January 17, 1888 ; served through 
remainder of the administration. 

Secretary of Agriculture.* 
KORMAN J. CoLMAN, of Missouri, nominated February 11, 
1889; confirmed and commissioned February 13, 1889; 
served through remainder of the administration. 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, 1874-1891, p. 487.] 

Chap. 4. — An act to provide for the performance of the January 19, isse. 
duties of the office of President in case of the removal, death, 
resignation, or inability hoth of the President and Vice- 
President. 

Be it enacted &c., That in case of removal, death, resigna- in case of death, 

-_ . _ &c., of President 

tion, or inability of both the President and Vice-President and vice-President, 
of the United States, the Secretary of State, or if there be President. 

„ \ T , • ,• . R. S.,secs. 146-151. 

none, or in case of his removal, death, resignation or ina- 
bility, then the Secretary of the Treasury, or if there 
be none, or in case of his removal, death, resignation, or 
inability, then the Secretary of War, or if there be none, 
or in case of his removal, death, resignation, or inability, 
then the Attorney-Ceneral, or if there be none, or in case 
of his removal, death, resignation, or inability, then the 
Postmaster-General, or if there be none, or in case of his 

* The Department of Agriculture was established as an Execu- 
tive Department by Act approved February 9, 1889. 



252 Executive Eegister of the United States 

removal, death, resignation, or inability, then the Secretary 
of the Navy, or if there be none, or in case of his removal 
death, resignation, or inability, then the Secretary of the 
Interior, shall act as President until the disability of the 
President or Vice-President is removed or a President shall 
be elected: 
Congress to Provided, That whenever the powers and duties of the 
e convene . ^g^^g q£ President of the United States shall devolve upon 
any of the persons named herein, if Congress be not then 
in session, or if it would not meet in accordance with the 
law within twenty days thereafter, it shall be the duty of 
the person upon whom said powers and duties shall devolve 
to issue a proclamation convening Congress in extraordinary 
session, giving twenty days' notice of the time of meeting. 
Officers named Scc. 2. That the preceding section shall only be held to 
certain cases describe and apply to such officers as shall have been ap- 
' pointed by the advice and consent of the Senate to the 
offices therein named, and such as are eligible to the office 
of President under the Constitution, and not under im- 
peachment by the House of Representatives of the United 
States at the time the powers and duties of the office shall 
devolve upon them respectively. 
Repeal of B. s., Scc. 3. That sections one hundred and forty-six, one hun- 
secs. - . ^j,Q^ ^j^^ forty-seven, one hundred and forty-eight, one hun- 
dred and forty-nine, and one hundred and fifty of the Revised 
Statutes are hereby repealed. {January 19, 1886.) 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, p. 525.] 

Feb. 3, 1887. Chap. 90. — An act to fix the day for the meeting of the 
' electors of President and Vice-President, and to provide for 
and regulate the counting of the votes for President and Vicp,- 
President, and the decision of questions arising thereon. 

Presidential Be it cuactcd, &c., That the electors of each State shall 

electors, when i. 3 • n • i n-««-T.-r 

to meet and vote, meet and givc their votes on the second Monday m January 

R. S., sees. 131-135. . p n • i • • 1 , 

next lollowmg their appointment, at such place m each 
State as the legislature of such State shall direct. 



The administration of GtROver Cx.eveland 253 

Sec. 2. That if any State shall have provided, by laws Determination 
enacted prior to the day fixed for the appointment of the laws, of contro- 
electors, for its final determination of any controversy or appointment of 
contest concerning the appointment of all or any of the conclusive, if 
electors of snch State, by judicial or other methods or pro- before meeting. 
cedures, and such determination shall have been made at 
least six days before the time fixed for the meeting of the 
electors, such determination made pursuant to such law 
so existing on said day, and made at least six days prior to 
the said time of meeting of the electors, shall be con- 
clusive, and shall govern in the counting of the electoral 
votes as provided in the Constitution, and as hereinafter 
regulated, so far as the ascertainment of the electors ap- 
pointed by such State is concerned. 

Sec. 3. That it shall be the duty of the executive of each certificate of 

•^ appointment of 

State, as soon as practicable after the conclusion of the electors, to be 

^ . sent to Secre- 

appointment of electors in such State, by the final ascer- tary of state 
tainment under and in pursuance of the laws of such State 
providing for such ascertainment, to communicate, under 
the seal of the State, to the Secretary of State of the United 
States, a certificate of such ascertainment of the electors ap- 
pointed, setting forth the names of such electors and the can- 
vass or other ascertainment under the laws of such State of 
the number of votes given or cast for each person for whose 
appointment any and all votes have been given or cast ; 

And it shall also thereupon be the duty of the executive of and delivered 

c J to the electors. 

each State to deliver to the electors of such State, on or before ?oJ-'o^f^-,F^"u^°- 

^ 1888, Oct. 19, ch. 

the day on which they are required by the preceding section to 1216, post, p. ess. 
meet, the same certificate, in triplicate, under the seal of 
the State; 

And such certificate shall be inclosed and transmitted certificates and 

votes or electors 

by the electors at the same time and in the same manner ^^''g^jfg*";^'^!^ 
as is provided by law for transmitting by such electors to 
the seat of Government the lists of all persons voted for as 
President and of all persons voted for as Vice-President; 

And section one hundred and thirty-six of the Eevised If'^^^^^^ ^- ^■' 
Statutes is hereby repealed; 



254 Executive Registek oe the United States 

certiflcateof And if there shall have been any final determination in 
c1)ntroTe"lvtobe a State of a controversy or contest as provided for in sec- 

senttoSecr|toy ^.^^^ ^^^ ^^ ^j^.^ ^^^^ -^ ^^^^^^ |^g ^j^^ ^^^^ ^f ^j^g GXeCutive 

of such State, as soon as practicable after such determina- 
tion, to communicate, under the seal of the State, to the 
Secretary of State of the United States, a certificate of such 
determination, in form and manner as the same shall have 
been made; 
Certificates to And the Secretary of State of the United States, as soon 
be published, ^g practicable after the receipt at the State Department of 
each of the certificates hereinbefore directed to be trans- 
mitted to the Secretary of State, shall publish, in such pub- 
lic newspaper as he shall designate, such certificates in full; 

Copies to be sent And at the first meeting of Congress thereafter he shall 
ongress. ^^^j^gj^^^ ^q j-^^q ^^q Housgs of Cougrcss copics in full of 
each and every such certificate so received theretofore at 
the State Department. 

Counting electoral Scc. 4. That Cougrcss shall be in session on the second 

^° R.s!, see^iTI.' Wednesday in February succeeding every meeting of the 
electors. 

The Senate and House of Representatives shall meet in 
the Hall of the House of Representatives at the hour of 
one o'clock in the afternoon on that day, and the Presi- 
dent of the Senate shall be their presiding officer. 

Opening and read- Two tcllcrs shall bc prcviously appointed on the part 
ing eer i ica es. ^^ ^-^^ Scuatc and two ou the part of the House of Repre- 
sentatives, to whom shall be handed, as they are opened 
by the President of the Senate, all the certificates and 
papers purporting to be certificates of the electoral votes, 
which certificates and papers shall be opened, presented, 
and acted upon in the alphabetical order of the States, begin- 
ning with the letter A; and said tellers, having then read 
the same in the presence and hearing of the two Houses, 
shall make a list of the votes as they shall appear from the 
said certificates; 
Announcement And the votcs having been ascertained and counted in 
■ the manner and according to the rules in this act provided, 
the result of the same shall be delivered to the President 



The Administration of Grover Cleveland 355 

of the Senate, who shall thereupon announce the state of 
the vote, which announcement shall be deemed a sufficient 
declaration of the persons, if any, elected President and 
Vice-President of the United States, and, together with a 
list of the votes, be entered on the Journals of the two 
Houses. 

Upon such reading of any such certificate or paper, the objection to be 
President of the Senate shall call for objections, if any. "* ^^" "'^" 
Every objection shall be made in writing, and shall state 
clearly and ' concisely, and without argument, the ground 
thereof, and shall be signed by at least one Senator and 
one Member of the House of Eepresentatives before the 
same shall be received. 

When all objections so made to any vote or paper from Decisions on 
a State shall have been received and read, the Senate shall 
thereupon withdraw, and such objections shall be submitted 
to the Senate for its decision; and the Speaker of the 
House of Eepresentatives shall, in like manner, submit such 
objections to the House of Eepresentatives for its decision; 

And no electoral vote or votes from any State which shall Return, if only 
have been regularly given by electors whose appointment not to be rejected, 
has been lawfully certified to according to section three 
of this act from which but one return has been received 
shall be rejected, but the two Houses concurrently may 
reject the vote or votes when they agree that such vote or votes 
have not been so regularly given by electors whose appoint- 
ment has been so certified. 

If more than one return or paper purporting to be a re- in case of con- 

^ ^ ^ ^ '-' _ nicting returns 

turn from a State shall have been received by the ' Presi- those votes only 

to be counted 

dent of the Senate, those votes, and those only, shall bo determined 

according to 

counted which shall have been regularly given by the elec- tws act. 
tors who are shown by the determination mentioned in 
section two of this act to have been appointed, if the deter- 
mination in said section provided for shall have been made, 
or by such successors or substitutes, in case of a vacancy in 
the board of electors so ascertained, as have been appointed 
to fill such vacancy in the mode provided by the laws of 
the State; 



256 Executive Eegistek of the United States 

If determination But in case there shall arise the question which of two 
concurTencrot or more of such state authorities determining what electors 
*TeSd! have heen appointed, as mentioned in section two of this 
act, is the lawful tribunal of such State, the votes regu- 
larly given of those electors, and those only, of such States 
shall be counted whose title as electors the two Houses, act- 
ing separately, shall concurrently decide is supported by 
the decision of such State so authorized by its laws; 
If no determina- And in such casc of more than one return or paper pur- 
authorities! porting to bc a return from a State, if there shall have been 
eoneurren^ vo^e ^^ such determination of the question in the State afore- 
said, then those votes, and those only, shall be counted 
which the two Houses shall concurrently decide were cast 
by lawful electors appointed in accordance with the laws 
of the State, unless the two Houses, acting separately, shall 
concurrently decide such votes not to be the lawful votes 
of the legally appointed electors of such State. 
If Houses dis- But if the two HousGs shall disagree in respect of the 
certified by state counting of such votcs, then, and in that case, the votes 
be counted, of the clcctors whosc appointment shall have been certified 
by the Executive of the State, under the seal thereof, shall 
be counted. 
Announcement of When the two Houscs havc votcd, they shall immediately 
each House, again meet, and the presiding officer shall then announce 

the decision of the questions submitted. 
Objection to No votcs or papers from any other State shall be acted 
be acted on. upou Until the objcctions previously made to the votes or 

papers from any State shall have been finally disposed of. 
Preservation Sec. 5. That while the two Houses shall be in meeting 
' as provided in this act the President of the Senate shall 
No debate in havc powcr to prescrvc order ; and no debate shall be al- 
■'"^"of Houses^ lowed and no question shall be put by the presiding officer 
except to either House on a motion to withdraw. 
Limit of debate Scc. 6. That whcu the two Houscs Separate to decide 
■ upon an objection that may have been made to the count- 
ing of any electoral vote or votes from any State, or other 
question arising in the matter, each Senator and Eepre- 
sentative may speak to such objection or question five min- 
utes, and not more than once; 



The Administration of Grover Cleveland 257 

But after such debate shall have lasted two hours it shall 
be the duty of the presiding officer of each House to put 
the main question without further debate. 

Sec. 7. That at such joint meeting of the two Houses Joint meeting of 
seats shall be provided as follows : For the President of foro'fffc'ers^'* ^ 
the Senate, the Speaker's chair; for the Speaker, immedi- 
ately upon his left; the Senators, in the body of the Hall 
upon the right of the presiding officer; for the Eepresen- 
tatives, in the body of the Hall not provided for the Sena- 
tors; for the tellers, Secretary of the Senate, and Clerk of 
the House of Representatives, at the Clerk's desk; for the 
other officers of the two Houses, in front of the Clerk's 
desk and upon each side of the Speaker's platform. 

Such joint meeting shall not be dissolved until the count Not to dissolve 

unti) result 

of electoral votes shall be completed and the result de- is declared, 
dared; 

And no recess shall be taken unless a question shall have Recess, when 

may be taken. 

arisen m regard to counting any such votes, or otherwise 
under this act, in which case it shall be competent for 
either House, acting separately, in the manner hereinbefore 
provided, to direct a recess of such House not beyond the 
next calendar day, Sunday excepted, at the hour of ten 
o'clock in the forenoon. 

But if the counting of the electoral votes and the declara- —when may not 

° be taken. 

tion of the result shall not have been completed before 
the fifth calendar day next after such first meeting of the 
two Houses, no further or other recess shall be taken by 
either House. {February 3, 1887.) 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, p. 558.] 

Chap. 353. — An act to repeal certain sections of the ■?^6- ^^stat^'L^^sj'o 
vised Statutes of the United States relating to the appoint- 
ment of civil officers. 

Be it enucted, &c.. That sections seventeen hundred and tenure of office. 

■ ■ repeal of 

sixty-seven, seventeen hundred and sixty-eight, seventeen pJjO^^.s^o"^^^ 
hundred and sixty-nine, seventeen hundred and seventy, ^^^p^'^^l^ofj^y-^l- 
seventeen hundred and seventy-one, and seventeen hundred 



258 Executive Eegistee oe the United States 

fend seventy-two of the Revised Statutes of the United 
States are hereby repealed. 

See. 2. (Expired.) (March 3, 1887.) 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, p. 635.] 

October 19, 1888. Chap. 1216. — An act supplementary to the act af proved 
25 Stat. L. 613. jPgj^^^^^j fjiird, eighteen hundred and eighty-seven, entitled 
"An act to fix the day for the meeting of the electors of 
President and Vice-President, and to provide for and regulate 
the counting of the votes for President and Vice-President, 
and the decision of questions arising thereon." 
Lists of votes Se it enacted, &c., That the certificates and lists of votes 
^"""to bl'to-warded for President and Vice-President of the United States, men- 
to President^of ^-^j^g^ :^^ chapter onc of title three of the Eevised Statutes 
i887,^Feb!'3,''c*h; of the United States, and in the act to which this is a 
90, sec. s^ante, g^ppiejnent, shall be forwarded, in the manner therein pro- 
vided, to the President of the Senate forthwith after the 
second Monday in January, on which the electors shall give 
their votes. 
When Secretary Sec. 2. That scctiou oiie huudrcd and forty-one of the 
send for^distrfct Ecviscd Statutes of the United States is hereby so amended 
ju ges as . ^g ^^ reo^di as follows : 

Substitute for " Scc. 141. Whenever a certificate of votes from any 

State has not been received at the seat of Grovernment on 

the fourth Monday of the month of January in which their 
meeting shall have been held, the Secretary of State shall 
send a special messenger to the district judge in whose cus- 
tody one certificate of the votes from that State has been 
lodged, and such judge shall forthwith transmit that list 
to the seat of Government." {October 19, 1888.) 

[United States Statutes at Large, Vol. 25, p. 659.] 

February 9, 1889. Chap. 122. — An ttct to enlarge the powers and duties of 

the Department of Agriculture and to create an Executive 

Department to he Tcnown as the Department of Agriculture. 

Department of Be it enacted hy the Senate and House of Representatives 

' of the United States of America in Congress assembled. That 



The Administration or Grover Cleveland 359 
the Department of Agriculture, shall be an Executive De- To be an Execu- 

XX 1x1 •• 1 X1J50IJ ti^s Department. 

partment, under the supervision and. control ot a Secretary 
of Agriculture, who shall he appointed by the President, 
by and Avith the advice and consent of the Seii<i,ce; and 
section one hundred and fifty-eight of the Eevised Statutes r. s. sec. i58, 
is hereby amended to include such Department, and the ^' " ' '*™^° 
provisions of title four of the Revised Statutes, including r. s., Title iv, 
all amendments thereto, are hereby made applicable to said ^^^ ^^^ 
Department. 

Sec. 2. That there shall be in said Department an Assist- Assistant 
ant Secretary of Agriculture, to be appointed by the Presi- ^'^'^^ "^' 
dent, by and with the advice and consent of the Senate, 
who shall perform such duties as may be required by law 
or prescribed by the Secretary. 

Sec. 3. That the Secretary of Agriculture shall receive salaries, 
the same salary as is paid to the Secretary of each of the 
Executive Departments, and the salary of the Assistant Sec- 
retary of Agriculture shall be the same as that now paid to 
the First Assistant Secretary of the Department of the 
Interior. 

Sec. 4. That all laws and parts of laws relating to the Existing laws. 
Department of Agriculture now in existence, as far as the 
same are applicable and not in conflict with this act, and 
only so far, are continued in full force and effect.* 

Approved, February 9, 1889. 

* The Department of Agriculture was established by Act of 
Congress approved May 15, 1862, with a Commissioner of Agri- 
culture in charge. 



THE ADMINISTRATION 

OF 

BENJAMIN HARRISON 

March 4, 1889, to March 3, 1893 



262 Executive Kegistee oe the United States 



ELECTION EOR THE TWENTY-SIXTH TERM, COMMENCING 4th 
MARCH, 1889, AND TERMINATING 3rd MARCH, 1893. 



d ID 



16 

5 

3 

4 

9 

36 

11 

33 

3 

30 

4 

9 

13 

13 

4 

13 

6 

11 



STATES. 



Alabama 

Arkansas 

California — — 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kans:,v 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts . 

Michigan 

MinnesotP. 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

North Carolina . 

Ohio 

Oregon 

Pennsylvania... 
Rhode Island .. . 
South Carolina . 

Tennessee 

Texas 

Vermont 

Virginia 

West Virg-inia . . 
Wisconsin 



401, whole number ; 

necessary to elect, 202. 



Popular vote 
Plurality 



President. 



333 



5,440,2^6 



=3 ^ 
^ o 

6 ^ 



5,538,233 
98,017 



Vice President. 



it 



233 



OS 
1=1 o 



16 



13 



168 



The Administration or Benjamin Harrison 263 



Benjamin Harrison, Indiana. 
Levi P. Morton, New York. 
March i, 1889, to March 3, 1893. 

Secretary of State. 

Thomas P. Bayard, of DehI^yare, continued from last ad- 
ministration; resigned, and served to March 6, 1889. 

James G. Blaine, of Maine, nominated, confirmed and com- 
missioned March 5, 1889 ; entered npon duties March 7, 
1889; served to June 1, 1892, on. which day he resigned. 

William F. Wharton, of Massachusetts (Assistant Secre- 
tary), ad interim June 4, 1892, to June 29, 1892. 

John W. Foster, of Indiana, nominated, confirmed and com- 
missioned June 29, 1892; entered upon duties same day; 
resigned February 21, 1893; served to February 23, 
1893; appointed Agent of the United States before the 
Bering Sea Arbitration Tribunal at Paris. 

William F. Wharton, of Massachusetts (Assistant Secre- 
tary), ad interim February 23, 1893, to close of the ad- 
ministration. 

Secretary oe the Treasury. 

Charles S. Fairchild, of New York, continued from last 
administration; resigned, and served to March 6, 1889. 

William Windom, of Minnesota, nominated, confirmed and 
commissioned JMarch 5, 1889 ; entered upon duties March 
7, 1889; dieo! January 29, 1891. 

Allured B. Nettleton, of Minnesota (Assistant Secretary), 
ad interim January 30, 1891, to February 24, 1891. 

Charles Foster, of Ohio, nominated February 23, 1891; 
confirmed and commissioned February 24, 1891 ; entered 
upon duties February 25, 1891 ; served through remain- 
der of the administration. 
S. Doc. 196, 58-3—05 18 



364 Executive Eegistek of the United States 

Secretaey of War. 

William C. Endicott, of Massachusetts, continued from last 
administration; resigned, and served to March 5, 1889. 

Eedfield Proctor, of Vermont, nominated, confirmed and 
commissioned March 5, 1889 ; entered upon duties March 
6, 1889; resigned November 3, 1891; served to December 
5, 1891. 

Lewis A. Grant, of Minnesota (Assistant Secretary), ad 
interwi December 6, 1891, to December 24, 1891. 

Stephen B. Elkins, of West Virginia, nominated December 
17, 1891; confirmed and commissioned December 22, 
1891; entered upon duties December 24, 1891; served 
through remainder of the administration. 

Attorney General. 

Augustus H. Garland, of Arkansas, continued from last 
administration; resigned, and served to March 5, 1889. 

William H. H. Miller,, of Indiana, nominated, confirmed 
and commissioned March 5, 1889; entered upon duties 
March 6, 1889; served through remainder of the admin- 
istration. 

Postmaster General. 

Don M. Dickinson, of Michigan, continued from last ad- 
ministration ; resigned, and served to March 5, 1889. 

John Wanamaker, of Pennsylvania, nominated, confirmed 
and commissioned March 5, 1889; entered upon duties 
March 6, 1889 ; served through remainder of the admin- 
istration. 

Secretary of the Navy. 

William'' C. Whitney, of New York, continued from last 
administration; resigned, and served to March 5, 1889. 

Benjamin F. Tracy, of New York, nominated, confirmed 
and commissioned March 5, 1889 ; entered upon duties 
March G, 1889 ; served through remainder of the admin- 
istration. 



The Administkation or Benjamin Harrison 265 

Secretary of the Interior. 

WiLLiAiNi F. ViLAS^ of Wisconsin, continued from last admin- 
istration; resigned, and served to March 6, 1889. 

John W. Noble, of Missouri, nominated, confirmed and com- 
missioned March 5, 1889; entered uj^on duties March 7, 
1889 ; served through remainder of the administration. 

Secretary of Agriculture. 

Norman J. Colman, of Missouri, continued from last ad- 
ministration; resigned, and served to March 6, 1889. 

Jeremiah M. Rusk, of Wisconsin, nominated, confirmed and 
commissioned March 5, 1889 ; entered upon duties March 
7, 1889; served through remainder of. the administration. 

[Supplement to the Revised Statutes of the United States, Vol. 1, 
2nd Edition, p. 888.] 

Chap. 113. — An act to amend section one hundred and February g, isoi. 

. . ^ 26 Stat. L., 733. 

eighty of the Revised Statutes of the United States. 

Be it enacted, &c. . That section one hundred and eighty of vacancies of heads 

of Departments, 

the Revised Statutes of the United States, he, and the same how tiiied 

temporarily. 

is hereby, amended so as to read as follows : 

A vacancy occasioned by death or resignation must not be Substitute for 

•' -J ^ _ R. S., sec. 180. 

temporarily filled under the three preceding sections for a 
longer period than thirty days. 
{February 6, 1891.) 



THE ADMimSTEATION 
OF 

GROVER CLEVELAND 

SECOND TEEM 
March 4, 1893, to March 3, 1897 



268 Executive Eegister of the United States 

ELECTION FOR THE TWENTY-SEVENTH TERM, COMMENCING 4th 
MARCH, 1893, AND TERMINATING 3rd MARCH, 1897. 






STATES. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut — 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa . .... 

Kansa.-? 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts . . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska . . , . 

Nevada 

New Hampshire 

NeAv .lersey 

New York 

North Carolina . 
North Dakota . . 

Ohio 

Oregon 

Pennsylvania .. 
Rhode Island . . . 
South Carolina . 
South Dakota . . 

Tennessee 

Texas 

Vermont 

Virginia 

Washington .... 
West Virginia . . 

Wisconsin 

Wyoming 



President. 



- I 






H O 



SS 






13 



a=^ 



V. President. 



.a 
•rti— 1 
■« o 






S IK 



444, whole number ; 

necessary t') elect. 



27V 



145 



277 



145 



Popular vote. 
Plurality 



5,556,918 
380,810 



5,176,108 



1,041,028 



The x^DMiNisTKATiOiSr of Grover Cleveland 2G9 



GrROVER Cleveland, New York. 
Adlai E. Stevenson, Illinois. 
March 4, 1893, to March .3, 1897. 

Secretary of State. 

William F. Wharton, of Massachusetts (ilssistant Secre- 
tary), ad interim from last adiniuistration to ]\Iarch 6, 
1893. 

Walter Q. Gresham, of Illinois, nominated, confirmed and 
commissioned March 6, 1893 ; entered upon duties March 
7, 1893; died May 38, 1895. 

Edwin F. IJhl, of Michigan (Assistant Secretary), ad in- 
terim May 28, 1895, to May 30, 1895. 

Alvey a. Adee, of the District of Columbia (Second Assist- 
ant Secretary), ad interim May 31, 1895. 

Edwin P. Uhl,. of Michigan (Assistant Secretary), ad in- 
terim June 1, 1895, to June 9, 1895. 

EiCHARD Olney, of Massachusetts, counuissioned (recess of 
the Senate) June 8, 1895; entered upon duties June 10, 
1895; nominated, confirmed and recommissioned Decem- 
ber 3, 1895; served through remainder of the adminis- 
tration. 

Secretary of the Treasury. 

Charles Foster, of Ohio, continued from last administra- 
tion; resigned, and served to March 7, 1893. 

John G. Carlisle, of Kentucky, nominated, confirmed and 
commissioned March 6, 1893 ; entered upon duties ^larch 
7, 1893 ; served through remainder of the administration. 

Secretary of War. 

Stephen B.Elkins, of West Virginia, continued from last 
administration; resigned, and served to j\larcli G, 1893. 



270 Executive Eegistek or the United States 

Daniel S. Lamont, of New York, nominated, confirmed and 
commissioned Marcli 6, 1893 ; entered npon duties Marcii 
7, 1893 ; served through remainder of the administration. 

Attorney General. 

William H. H. Miller, of Indiana, continued from last 
administration; resigned, and served to March 6, 1893. 

EiCHARU Olney^ of Massachusetts, nominated, confirmed and 
colnmission'ed March 6, 1893; entered upon duties March 
7, 1893 ; served to June 9, 1895 ; appointed Secretary of 
State June 8, 1895. - . 

JuDSON Harmon^ of Ohio, commissioned (recess of the Sen- 
ate) June 8, 1895; entered upon duties June 11, 1895; 
nominated, confirmed and recommissioned December 3, 
1895; served througli remainder of the administration. 

Postmaster General. 

John Wanamaker, of Pennsylvania, continued from last 
administration; resigned, and served to March 6, 1893. 

Wilson S. Bissell, of New York, nominated, confirmed and 
commissioned March 6, 1893 ; entered upon duties March 
7, 1893; resigned February 27, 1895; served to April 3, 
1895. 

William L. Wilson, of West Virginia, nominated February 
28, 1895; confirmed and commissioned March 1, 1895; 
entered upon duties April 4, 1895 ; served through re- 
mainder of the administration. 

Secretary of the Kavt. 

Benjamin F. Tracy, of New York, continued from last ad- 
ministration; resigned, and served to March 6, 1893. 

Hilary A. Herbert, of Alabama, nominated, confirmed and 
commissioned March 6, 1893 ; entered upon duties March 
7, 1893; served through remainder of the administration. 



The Administration of Geoveu Cleveland 271 

Secretary of the Interior. 

John W. Noble^ of Missouri, continued from last adminis- 
tration ; resigned, and served to March 6, 1893. 

Roke Smith, of Georgia, nominated, confirmed and com- 
missioned March 6, 1893 ; entered upon duties March 7, 
1893; resigned and served to August 31, 1896. 

John M. Reynolds, of Pennsylvania (Assistant Secretary), 
ad interim September 1, 1896, to September 3, 1896. 

David E. Francis, of Missouri, commissioned (recess of the 
Senate) September 1, 1896 ; entered upon duties Sep- 
tember ~1, 1896; nominated December 9, 1896; confirmed 
and recommissioned Januar}^ 18, 1897; served through 
remainder of the administration. 

Secretary of Agriculture. 

Jeremiah M. Eusk^, of Wisconsin, continued from last ad- 
ministration ; resigned, and served to March 7, 1893. 

Julius Sterling Morton^ of Nebraska, nominated, con- 
firmed and commissioned March 6, 1893; entered upon 
duties March 7, 1893; served through remainder of the 
administration. 

[Supplement to the Revised Statutes of the United States, Vol. 2, 
p. 171.] 

Chap. 25. — An act to repeal all statutes relating to swper- February s, i894, 
visors of elections and special deputy marshals, and for other 
purposes. 

Be it enacted, &c., That the following sections and parts Election laws 
of sections of the Eevised Statutes of tlie United States be, '"*''*'^ 
and the same are herebj^, repealed; that is to say of title 
"Elective franchise,"' * * * * * * 

And also of title " Crimes," sections * * * * Penalties 

abolished. 
5j, * * * * * * Repeal of R. S., 

sees. . . . 

fifty-five hundred and twenty, ***** 5520, . . . 
{February 8, 1894.) 



THE ADMINISTRATION 

OF 

WILLIAM MCKINLEY 

FIRST TERM 
March 4. 1897, to March 3, 1901 



374 Executive Eegister of the United States 

ELECTION FOR THE TWENTY-EIGHTH TERM, COMMENCING 4th 
MARCH, 1897, ANT) TERMINATING 3rd MARCH, 1901. 



a 5 

12; 



STATES. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

1 daho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentuclfy 

Louisiana 

Maine 

Maryland , 

Massachusetts .. 

INIicliiuan 

Minnesota 

I\I ississippi 

Missiuiri 

Moutiiria 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

Nortli ('a]'olina.. 
Nortli Dakota . . 

Ohio 

Oregon 

Penns.ylvania . . . 

Rhode Island 

South Carolina.. 
South Dakota . . . 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

AVest Virginia . . 

Wisconsin 

Wyoming- 



447, whole number ; 

necessary to elect, 324. 



Popular vote 
Plurality .... 



President. 



1=1 «w 

S ° 



7,106,779 
603,854 






.5 ^ 

1=1 'H 



176 



6,503,925 



Vice President. 






13 



371 



u S 
3 ^ 



The Administuation of William McKinley 375 



William McKinley, Ohio. 

Garbet a. Hobart, New Jersey (Died November 21, 1899). 
William P. Frye^ Maine, President pro tempore of the 
Senate. 

March 4, 1897, to March 3, 1901. 

Secretary of State. 

EiCHARD Olney^ of Massachusetts, continued from last ad- 
ministration; resigned, and served to Marcli 5, 1897. 

JOLIN Si-iERMAN", of Ohio, nominated, confirmed and com- 
missioned March 5, 1897; entered upon duties March 6, 
1897; resigned April 35, 1898; served to April 27, 1898. 

William R. Day^ of Ohio, nominated, confirmed and com- 
missioned April. 36, 1898 ; entered upon duties April 38, 
1898; resigned September IG, 1898, to become Chairman 
of the Spanish Peace Commission. 

Alvey a. Adee^ of the District of Columbia (Second Assist- 
ant Secretary), ad interim September 17, 1898, to Sep- 
tember 29, 1898. 

John Hay^ of the District of Columbia, commissioned (recess 
of the Senate) September 30, 1898 ; entered upon duties 
September 30, 1898; nominated December 6, 1898; con- 
firmed and recommissioned December 7, 1898; served 
thiough remainder of the administration. 

Secretary oe the Treasury. 

John G. Carlisle, of Kentucky, continued from last ad- 
ministration; resigned, and served to March 6, 1897. 

Lyman J. Oage^ of Illinois, nominated, confirmed and com- 
missioned March 5, 1897; entered upon duties March 6, 
1897; served through remainder of the administration. 

Secretary oe War. 

Daniel S. Lamont, of New York, continued from last ad- 
ministration; resigned, and served to March 5, 1897. 



276 Executive Eecister of the United States 

EussELL A. Alger, of Michigan, nominated, confirmed and 
commissioned March 5, 1897; entered upon duties March 

6, 1897; resigned July 19, 1899; served to August 1, 
1899. 

Elihu Eoot, of New York, commissioned (recess of the Sen- 
ate) August 1, 1899; entered upon duties same day; 
nominated, confirmed and recommissioned December 6, 
1899 ; served through remainder of the administration. 

Attorney General. 

JuDSON Harmon,, of Ohio, continued from last administra- 
tion; resigned, and served to March 6, 1897. 

JosEi'H McKenna, of California, nominated, confirmed and 
commissioned March 5, 1897 ; entered upon duties March 

7, 1897 ; served to January 25, 1898 ; resigned January 
26, 1898, to take a seat in the United States Supreme 
Court. 

JopiN K. Eichards, of Ohio (Solicitor General), ad interim 
January 26, 1898, to January 31, 1898. 

John W. Griggs, of New Jersey, nominated January 22, 
1898; confirmed and commissioned January 25, 1898; 
entered upon duties February 1, 1898; served through 
remainder of the administration. 

Postmaster General. 

William L. Wilson, of West Virginia, continued from last 
administration ; resigned, and served to March 5, 1897. 

James A. Gary, of Maryland, nominated, confirmed and 
commissioned March 5, 1897; entered upon duties March 
6, 1897; resigned April 18, 1898; served to April 21, 
1898. 

Charles Emory Smith, of Pennsylvania, nominated, con- 
firmed and commissioned April 21, 1898 ; entered upon 
duties April 22, 1898; served through remainder of the 
administration. 



The Administration of William McKinley 277 

Secretaky of the Navy. 

Hilary A. Herbert, of Alabama, continued from last ad- 
ministration ; resigned, and served to March 5, 1897. 

Joi-iN D. Long., of Massachusetts, nominated, confirmed and 
commissioned March 5, 1897; entered upon duties March 
6, 1897 ; served through remainder of the administration. 

Secretary of the Interior. 

David E.. Francis, of Missouri, continued from last admin- 
istration; resigned, and served to March 5, 1897. 

Cornelius N. Bliss, of Few York, nominated, confirmed 
and commissioned March 5, 1897; entered upon duties 
March 6, 1897; resigned, and served to February 19, 1899. 

Ethan A. Hitchcock, of Missouri, nominated, confirmed 
and commissioned December 21, 1898; entered upon 
duties February 20, 1899; served through remainder of 
the administration. 

Secretary of Agriculture. 

Julius Sterling Morton, of Nebraska, continued from last 
administration; resigned, and served to March 5, 1897. 

James Wilson, of Iowa, nominated, confirmed and commis- 
sioned March 5, 1897; entered upon duties March 6 
1897; served through remainder of the administration. 



THE ADMINISTRATION 

OF 

WILLIAM MCKINLEY 

SECOND TERM 
March 4, 1901, to September 11, 1901 

S. Doc. 196, 58-3—05 19 



280 Executive Regtster of the United States 

ELECTION FOR THE TWENTY-NINTH TERM, COMMENCING 4th 
MARCH, 1901, AND TERMINATING 3hd MARCH, 1905. 



is 



15 
14 
9 
9 
17 
3 
8 
3 
4 

10 
86 
11 
3 
23 
4 
33 



President. 



STATES. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illiaois 

Indiana 

Iowa — 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts . . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

North Carolina.. 
North Dakota... 

Ohio 

Oregon 

Pennsylvania . . . 
Rhode Island — 
South Carolina . . 
South Dakota 
Tennessee 
Texas 
Utah . 
Vermont 
Virginia . 
Washington 
West Virginia 

Wisconsin 

Wyoming 



447, whole number ; 

necessary to elect, 334, 



Popular vote 
Plurality 



pa M 



.g iz; 



Vice President. 



•a ^ 




The Administkation or. William McKinley 381 



William McKinley^ Ohio (Died September 14, 1901). 
Theodore Eoosevelt^ New York. 

March 4, 1901, to September 14, 1901. 

Secretary of State. 

John Hay^ of the District of Columbia, continued from last 
administration; resigned March 5, 1901; renominated, 
confirmed and recommissioned March 5, 1901; served 
through remainder of McKinley 's administration. 

Secretary of the Treasury. 

Lyman J. Gage, of Illinois, continued from last administra- 
tion; resigned March 5, 1901; renominated, colifirmed 
and recommissioned March 5, 1901; served through re- 
mainder of McKinley's administration. 

Secretary of War. 

Elihu Eoot, of New York, continued from last administra- 
tion; resigned March 5, 1901; renominated, confirmed 
and recommissioned March 5, 1901; served through re- 
mainder of McKinley's administration. 

Attorney G-eneral. 

John W. Griggs^ of New Jersey, continued from last admin- 
istration; resigned March 5, 1901; renominated, con- 
firmed and recommissioned March 5, 1901; resigned, 
to take effect March 31, 1901. 

John K. Eichards, of Ohio (Solicitor General), ad interim 
April 1, 1901, to April 9, 1901. 

Philander C. Knox, of Pennsylvania, commissioned (recess 
of the Senate) April 5, 1901 ; entered upon duties April 
10, 1901 ; served through remainder of McKinley's ad- 
ministration. 



383 Executive Register of the United States 

Postmaster General. 

Charles Emory Smith^ of Pennsjdvania, continued from 
last administration; resigned March 5, 1901; renomi- 
nated, confirmed and recommissioned March 5, 1901 ; 
served through remainder of McKinley's administration. 

Secretary of the Navy. 

John D. Long^ of Massachusetts, continued from last admin- 
istration; resigned March 5, 1901; renominated, con- 
firmed and recommissioned March 5, 1901 ; served 
through remainder of McKinley's administration. 

Secretary of the Interior. 

Ethan A. Hitchcock, of Missouri, continued from last ad- 
ministration; resigned March 5, 1901; renominated, con- 
firmed and recommissioned March 5, 1901; served 
through remainder of IMcKinley's administration. 

Secretary of Agriculture. 

James Wilson, of loAva, continued from last administration ; 
resigned March 5, 1901 ; renominated, confirmed and 
recommissioned March 5, 1901 ; served through remain- 
der of McKinley's administration. 



THE ADMINISTRATION 

OF 

THEODORE ROOSEVELT 

September 14, 19<»1, to - 



284 Executive Kegister of the United States 



TELEGEAM. 

Department of State, 

Washington, September 1-1, 1901. 
Hon. Theodore Eoosevelt, 
North Creek, New York. 
The President died at two fifteen this morning. 

John Hay, 
Secretar}^ of State. 

President Eoosevelt took the oath of office^ at 3.30 p. m., 
September 14, 1901, in the library of tlie residence of Mr. 
Ansley Wilcox, in Buffalo. 

Secretary Root said : " I have been requested on behalf of 
the cabinet of the late President — at least those who are pres- 
ent in Buffalo, all, except two — to request that for reasons of 
weight affecting the affairs of government yoa should j)roceed 
to take the constitutional oath of President of the United 
States." Mr. Roosevelt replied : " I shall take the oath at 
once in accordance with your request, and in this hour of deep 
and terrible national bereavement, I wish to state that it shall 
be my aim to continue absolutely -unbroken the policy of 
President McKinley for the peace and prosperity and honor 
of our beloved country." He then repeated the oath after 
Judge Hazel, and signed the certificate, as follows : 

United States of America, 



Western district of New York. '' 

I, Theodore Eoosevelt, do solemnly swear that I will faith- 
fully execute the office of president of the United States ; and 
will to the best of my ability, preserve, protect and defend 
the constitution of the United States. 

Theodore Roosevelt. 
Subscribed and sworn 
to before me, this 14th 
day of September, a. d. 1901. 
[seal] John R. Hazel, 

U. S. J. 



Tpie Administration of Theodore Eoosevelt 285 

Those present were Secretaries * Eoot, Hitclieock, Long, 
and Wilson, and Postmaster General Smith ; Senator Depew ; 
Judge Haight, of the Court of Appeals; John IST. Scatherd; 
Mr. and Mrs. Ansley Wilcox; Miss Wilcox, George P. Sawyer, 
Doctors Mann, Parke and Stockton; Mr. and Mrs. Carleton 
Sprague; Mr. and Mrs. John G. Milburn; Secretary William 
Loeb, Jr., Secretary George B. Cortelyou, Mr. and Mrs. Carey, 
R. T. Scatherd, J. D. Sawyer, and William Jeffers; and 
United States District Judge John E. Hazel, who adminis- 
tered the oath. 

By the President of the United States of America. 
. A Proclamation. 
To the people of the United States: 

A terrible bereavement has befallen our people. The Presi- 
dent of the United States has been struck down; a crime not 
only against the Chief Magistrate, but against every law- 
abiding and liberty-loving citizen. 

President McKinley crowned a life of largest love for his 
fellow men, of earnest endeavor for their welfare, b)^ a death 
of Christian fortitude; and both the way in which he lived 
his life and the way in which, in the supreme hour of trial, 
he met his death will remain forever a precious heritage of 
our people. 

It is meet that we as a nation express our abiding love and 
reverence for his life, our deep sorrow for his untimely death. 

ISTow, therefore, I, Theodore Eoosevelt, President of the 
United States of America, do appoint Thursday next, Septem- 
ber 19, the day in which the body of the dead President will be 
laid in its last earthly resting place, as a day of mourning and 
prayer throughout the United States. I earnestly recommend 
all the people to assemble on that day in their respective places 
of divine worship, there to bow down in submission to the will 
of Almighty God, and to pay out of full hearts the homage 

* Secretaries Hay and Gage were in Washington. 



286 Executive Eegister of the United States 

of love and reverence to the memory of the great and good 
President, whose death has so sorely smitten the nation. 

In witness luhereof I have hereimto set my hand and caused 
the seal of the United States to he affixed. 

Done at the City of Washington, the fonrteenth day 
of Se23tember, in the year of our Lord, one thou- 
[seal] sand nine hundred and one, and of the indepen- 
dence of the United States the one hundred and 
twent3^-sixth. 

TIIEODOEE EOOSEVELT. 
By the President : 

John Hat, 

8er.retarv of State. 



The AdministPlAtion of Theodoee Eoosevelt 287 



Theodore Roosevelt, New York. 

William P. Feye^ Maine, President pro tempore of the Sen- 
ate. 

September 14, 1901, to 

Secretary of State. 

John Hay^ of the District of Cohimbia, continued from 
McKinley's administration. 

Secretary of the T'EEAsURi-. 

Lyman J. Gage^ of Illinois, continued from McKinley's 
administration; resigned December 19, 1901; served to 
January 31, 1902. 

Leslie ]\I. Shaw, of Iowa, nominated January 8, 1902 ; con- 
firmed and commissioned January 9, 1902; entered upon 
duties February 1, 1902. 

Secretary of War. 

Elihu Eoot^ of New York, continued from McKinley's ad- 
ministration. 

Attorney General. 

Philander C. Knox, of Pennsylvania, continued from Mc- 
Kinley's administration ; nominated December 4, 1901 ; 
confirmed and recommissioned December 16, 1901. 

Postmaster General. 

Charles Emory Smith, of Pennsylvania, continued from 

McKinley's administration ; resigned December 14, 1901 ; 

served to January 14, 1902. 
Henry C. Payne^ of Wisconsin, nominated January 8, 1902 ; 

confirmed and commissioned January 9, 1902; entered 

upon duties January 15, 1902. 



288 Executive Begister of the United States 

Secretary of the Navy. 

John D. Long, of Massaclmsetts, contiimed from McKinley's 

administration; resigned March 10, 1903 ; served to April 

30, 1902. 
William H. Moody, of Massachusetts, nominated, confirmed 

and commissioned April 29, 1902; entered upon duties 

May 1, 1902. 

Secretary of the Interior. 

Ethan A. Hitchcock, of Missouri, continued from McKin- 
ley's administration. 

Secretary of Agriculture. 

Jamjss Wilson, of Iowa, continued from McKinley's admin- 
istration. 



APPENDIX 



290 Executive Eegistek oe teie United States 



THE DECLARATION OP INDEPEXDEKCE. 

In CONGRESS, July 4, 1776. 

Tke unanimous Declaration of the thirteen united States of 

America. 

Wlien in the Course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume among the powers 
of the earth, the separate and equal station to which the Laws 
of Nature and of Nature's God entitle them, a decent respect 
to the opinions of mankind requires that they should declare 
the causes which impel them to the separation. — We hold 
these truths to he self-evident, that all men are created equal, 
that they are endoAved l)y their Creator with certain unalien- 
able Rights, that among these are Life, Liberty and the pur- 
suit of Happiness. — That to secure these rights. Govern- 
ments are instituted among Men, deriving their jus<t powers 
from the consent of the governed. — That whenever any 
Porm of Government becomes destructive of these ends, it is 
the Right of the People to alter or to abolish it, and to insti- 
tute new Government, laying its foundation on such princi- 
ples and organizing its powers in such form, as to them shall 
seem most likely to effect their Safety and Happiness. Pru- 
dence, indeed, will dictate that Governments long established 
should not be changed for light and transient causes; and 
accordingly all experience liath shewn, that mankind are 
more disposed to suffer, while evils are sufferable, than to 
right themselves by abolishing the forms to which they are 
accustomed. But when a long train of abuses and usurpa- 
tions, pursuing invariably the same Object evinces a design 
to reduce them under absolute Despotism, it is their right, 
it is their duty, to throw off such Government, and to provide 
new Guards for their future security. — Such has been 
the patient sufferance of these Colonies : and such is now the 



Appendix 291 

necessity which constrains them to alter their former Systems 
of Government. The history of the present King of Great 
Britain is a history of repeated injuries and usurpations^ all 
having in direct object the estaljlishment of an absolute 
Tyranny over these States. To prove this, let Facts be sub- 
jnitted to a candid world. — He has refused his Assent to 
Laws, the most wholesome and necessary for the public good. 
— He has forbidden his Governors to pass Laws of im- 
mediate and pressing importance, imless suspended in their 
operation till his Assent should be obtained ; and when so sus- 
pended, he has utterly neglected to attend to them. — He 
has refused to pass other Laws for the accommodation of large 
districts of people, unless those people Avould relinquish the 
right of Representation in the Legislature, a right inestimable 
to them and formidable to tyrants only. — He has called 
together legislative bodies at places unusual, uncomfortable, 
and distant from the depository of their public Records, for 
the sole purpose of fatiguing them into compliance with his 
measures. — He has dissolved Representative Houses re- 
peatedly, for opposing with manly firmness his invasions on 
the rights of the people. — He ~ has refused for a long time, 
after such dissolutions, to cause others to be elected ; whereby 
the Legislative powers, incapable of Annihilation, have re- 
turned to the People at large for their exercise; the State 
remaining in the mean time exj)osed to all the dangers of inva- 
sion from without, and convulsions within. — He has endeav- 
oured to prevent the population of these States; for that 
purpose obstructing the Laws for Naturalization of Foreign- 
ers; refusing to pass others to encourage their migrations 
hither, and raising the conditions of new x4.ppropriations of 
Lands. — He has o1)structed the Administration of Jus- 
tice, by refusing his Assent to Laws for establishing Judiciary 
powers. — He has made Judges dependent on his Will 
alone, for the tenure of their offices, and the amount and pay- 
ment of their salaries. — He has erected a multitude of 
New Offices, and sent hither swarms of Officers to harrass 
our people, and eat out their sul^stance. — He has kept 
among us, in times of peace. Standing Armies without the 



292 Executive Eegister of the United States 

Consent of our legislatures.— He has affected to render 
the Military independent of and superior to the Civil power. 
He has combined Vvdth others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged by 
our laws ; giving his Assent to their Acts of pretended Legis- 
lation: — For quartering large bodies of armed troops 
among us: — For protecting them, by a mock trial, from 
punishment for any Murders which they should commit on the 
Inhabitants of these States :— For cutting off our Trade 
with all parts of the world:— For imposing Taxes on us 
without our Consent:- For depriving us in many cases, 
of the benefits of Trial by Jury: — For transporting us 
beyond Seas to be tried for pretended offences: — For abol- 
ishing the free System of English Laws in a neighbouring 
Province, establishing therein an Arbitrary government, and 
enlarging its Boundaries so as to render it at once an example 
and fit instrument for introducing the same absolute rule into 
these Colonies: — For taking away our Charters, abolish- 
ing our most valuable Laws, and altering fundamentally the 
Forms of our Governments: — For suspending our own 
Legislatures, and declaring themselves invested with power 
to legislate for us in all cases whatsoever. — He has abdi- 
cated Government here, by declaring us out of his Protection 
and waging War against us. — He has plundered our seas, 
ravaged our Coasts, burnt our towns, and destroyed the lives 
of our people. — He is at this time transporting large 
Armies of foreign Mercenaries to compleat the works of death, 
desolation and tyranny, already begun with circumstances of 
Cruelty & perfid}^ scarcely paralleled in the most barbarous 
ages, and totally unworthy the Head of a civilized nation. 
— He has constrained our fellow Citizens taken Captive 
on the high Seas to bear Arms against their Country, to be- 
come the executioners of their friends and Brethren, or to 
fall themselves by their hands. — He has excited domestic 
insurrections amongst us, and has endeavoured to bring on the 
inhabitants of our frontiers, the merciless Indian Savages, 
whose known rule of warfare, is an undistinguished destruc- 
tion of all ages, sexes and conditions. In every stage of these 



Appendix 293 

OiDjDi-essions We have Petitioned for Kedress in the most 
humble terms : Our repeated Petitions have been answered 
only by repeated injury. A Prince, whose character is thus 
marked by every act which may define a Tyrant, is unfit to 
be the ruler of a free people. ISTor have We been wanting in 
attentions to our Brittish brethren. We have warned them 
from time to time of attempts by their legislature to extend 
an unwarrantable jurisdiction over us. We have reminded 
them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and mag- 
nanimity, and we have conjured them by the ties of our com- 
mon kindred to disavow these usurpations, which, would in- 
evitably interrupt our connections and correspondence. They 
too have been deaf to the voice of justice and of consanguin- 
ity. We must, therefore, acquiesce in the necessity, which 
denounces our Separation, and hold them, as we hold the 
rest of mankind. Enemies in War, in Peace Priends. — WE, 
THEEEFOEE,the Eepresentatives of the UNITED STATES 
OF AMEEICA, in General Congress, Assembled, appealing to 
the Supreme Judge of the world for the rectitude of our inten- 
tions, do, in the Kame, and by Authority of the good- 
People of these Colonies, solemnly publish and declare. That 
these United Colonies are, and of Eight ought to be FEEE 
AND INDEPENDENT STATES; that they are Absolved 
from all Allegiance to the British Crown, and that all political 
Connection between them and the State of Great Britain, is and 
ought to be totally dissolved; and that as Free and Indepen- 
dent States, they have full Power to levy War, conclude Peace, 
contract Alliances, establish Commerce, and to do all other 
Acts and Things which Independent States may of right do. — 
And for the support of this Declaration, with a firm reliance 
on the protection of divine Providence, we mutually pledge 
to each other our Lives, our Fortunes and our sacred Honor. 



294 Executive Eegister of the United States 



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Appendix 295 



ARTICLES OF CONFEDERATION AND PERPETUAL 
UNION BETWEEN THE STATES. 

TO ALL TO WHOM these Presents shall come, we the 
under signed Delegates of the States affixed to our Names 
send greeting. Whereas the Delegates of the United States 
of America in Congress assemhlecl did on the fifteenth day 
of November in the Year of our Lord One Thousand Seven 
Hundred and Seventy seven, and in the Second Year of the 
Independence of America agree to certain articles of Con- 
federation and perpetual Union between the States of New- 
hampshire, Massachusetts-bay, Rhodeisland and Providence 
Plantations, Connecticut, New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, North-Carolina, South- 
Carolina and Georgia in the Words following, viz. 

" Articles of Confederation and perpetual Union between 
the states of Newhampshire, Massachusetts-bay, Rhodeisland 
and Providence Plantations, Connecticut, New- York, New- 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North- 
Carolina, South-Carolina and Georgia. 

ARTICIiE I. THE Stile of this confederacy shall be 
" The UNITED STATES OF AMERICA." 

ARTICLE II. EACH state retains its sovereignty, 
freedom and independence, and every Power, Jurisdiction 
and right, which is not by this confederation expressly dele- 
gated to the United States, in Congress assembled. 

ARTICLE III. THE said states hereby severally enter 
into a firm league of friendship with each other, for their 
common defence, the security of their Liberties, and their 
mutual and general welfare, binding themselves to assist each 
other, against all force offered to, or attacks made upon them, 
or any of them, on account of religion, sovereignty, trade, or 
any other pretence whatever. 

ARTICLE IV. THlE better to secure and perpetuate 
mutual friendship and intercourse among the people of the 
S. Doc. 196, 58-3—05 20 



296 Executive Kegister of the United States 

different states in this union, tlie free inhabitants of each 
of these states, paupers, vagabonds and fugitives from 
Justice excepted, shall be entitled to all privileges and im- 
munities of free citizens in the several states; and the people 
of each state shall have free ingress and regress to and from 
any other state, and shall enjoy therein all the privileges of 
trade and commerce, subject to the same duties, impositions 
and restrictions as the inhabitants thereof respectively, pro- 
vided that such restriction shall not extend so far as to 
prevent the removal of property imported into any state, to 
any other state of which the Owner is an inhabitant; provided 
also that no imposition, duties or restriction shall be laid by 
any state, on the property of the united states, or either of 
them. 

IF any Person guilty of, or charged with treason, felony, 
or other high misdemeanor in any state, shall flee from 
Justice, and be found in any of the united states, he shall 
upon demand of the Governor or executive power, of the state 
from which he fled, be delivered up and removed to the 
state having jurisdiction of his offence. 

FULL faith and credit shall be given in each of these states 
to the records, acts and judicial proceedings of the courts 
and magistrates of every other state. 

AETICLE V. FOE the more convenient management 
of the general interests of the united states, delegates shall 
be annually appointed in such manner as the legislature of 
each state shall direct, to meet in Congress on the first 
Monday in November, in every year, with a power reserved 
to each state, to recal its delegates, or any of them, at any 
time within the year, and to send others in their stead, for 
the remainder of the Year. 

ISTO state shall be represented in Congress by less than 
two, nor by more than seven Members; and no person shall 
be capable of being a delegate for more than three years in 
any term of six years; nor shall any person, being a delegate, 
be capable of holding any office under the imited states, for 
which he, or another for his benefit receives any salary, fees 
or emolument of any kind. 



Appendix 297 

EACH state shall maintain its own delegates in a meeting 
of the states, and while they act as members of the committee 
of the states. 

IN determining questions in the united states, in Congress 
assembled, each state shall have one vote. 

FEEEDOM of speech and debate in Congress shall not 
be impeached or questioned in any Court, or place out of 
Congress, and the members of congress shall be protected in 
their persons from arrests and imprisonments, during the 
time of their going to and from, and attendance on congress, 
except for treason, felony, or breach of the peace. 

AETICLE YI. NO state without the Consent of the 
united states in congress assembled, shall send any embassy 
to, or receive any embassy from, or enter into any confer- 
rence, agreement, alliance or treaty with any King prince 
or state; nor shall any person holding any office of profit or 
trust under the united states, or any of them, accept of any 
present, emolument, office or title of any kind whatever from 
any king, prince or foreign state; nor shall the united states 
in congress assembled, or any of them, grant any title of 
nobility. 

NO two or more states shall enter into any treaty, con- 
federation or alliance whatever between them, without the 
consent of the united states in congress assembled, specifying 
accurately the purposes for which the same is to be entered 
into, and how long it shall continue. 

NO state shall lay any imposts or duties, which may inter- 
fere with any stipulations in treaties, entered into by the 
united states in congress assembled, with any king, prince or 
state, in pursuance of any treaties already proposed by con- 
gress, to the courts of France and Spain. 

NO vessels of war shall be kept up in time of peace by any 
state, except such number only, as shall be deemed necessary 
by the united states in congress assembled, for the defence 
of such state, or its trade; nor shall any body of forces be 
kept up by any state, in time of peace, except such number 
only, as in the judgment of the united states, in congress 



298 Executive Eegister of the United States 

assembled, shall be deemed requisite to garrison the forts 
necessary for the defence of such state; but every state shall 
always keeiD up a well regulated and disciplined militia, suffi- 
ciently armed and accoutred, and shall provide and con- 
stantly have ready for use, in public stores, a due number 
of field pieces and tents, and a proper quantity of arms, 
ammunition and camp equipage. 

ISrO state shall engage in any war without the consent of 
the united states in congress assembled, imless such state be 
actually invaded by enemies, or shall have received certain 
advice of a resolution being formed by some nation of In- 
dians to invade such state, and the danger is so imminent 
as not to admit of a delay, till the united states in congress 
assembled can be consulted: nor shall any state grant com- 
missions to any ships or vessels of war, nor letters of marque 
or reprisal, except it be after a declaration of war by the 
united states in congress assembled, and then only against 
the kingdom or state and the subjects thereof, against which 
war has been so declared, and under such regulations as shall 
be established by the united states in congress assembled, 
unless such state be infested by pirates, in which case vessels 
of war may be fitted out for that occasion, and kept so long 
as the danger shall continue, or until the united states in 
congress assembled shall determine otherwise. 

AETICLE VII. WHEK land-forces are raised by any 
state for the common defence, all officers of or under the 
rank of colonel, shall be appointed by the legislature of each 
state respectively by whom such forces shall be raised, or in 
such manner as such state shall direct, and all vacancies shall 
be filled up by the state which first made the appointment. 

AETICLE VIII. ALL charges of war, and all other ex- 
pences that shall be incurred for the common defence or 
general welfare, and allowed by the united states in congress 
assembled, shall be defrayed out of a common treasury, 
which shall be supplied by the several states, in proportion 
to the value of all land within each state, granted to or sur- 
veyed for any Person, as such land and the buildings and 



Appendix 299 

improvements thereon shall be estimated according to such 
mode as the united states in congress assembled, shall from 
time to time direct and appoint. The taxes for paying that 
proportion shall be laid and levied by the authority and 
direction of the legislatures of the several states within the 
titne agreed upon by the united states in congress assem- 
bled. 

ARTICLE IX. THE united states in congress assem- 
bled, shall have the sole and exclusive right and power of 
determining on peace and war, except in the cases men- 
tioned in the sixth article^of sending and receiving ambas- 
sadors^ — entering into treaties and alliances, provided that 
no treaty of commerce shall be made whereby the legisla- 
tive power of the respective states shall be restrained from 
imposing such imposts and duties on foreigners, as their 
own people are subjected to, or from prohibiting the expor- 
tation or importation of any species of goods or commodi- 
ties whatsoever — of establishing rules for deciding in all 
cases, what captures on land or water shall be legal, and in 
what manner prizes taken by land or naval forces in the 
service of the united states shall be divided or appropriated 
— of granting letters of marque and reprisal in times of 
peace — appointing courts for the trial of piracies and felonies 
committed on the high seas and establishing courts for re- 
ceiving and determining finally appeals in all cases of cap- 
tures, provided that no member of congress shall be ap- 
pointed a judge of any of the said courts. 

THE united states in congress assembled shall also be 
the last resort on appeal in all disputes and differences now 
subsisting or that hereafter may arise between two or more 
states concerning boundary, jurisdiction or any other cause 
whatever; which authority shall always be exercised in the 
manner following. AVhenever the legislative or executive 
authority or lawful agent of any state in controversy with 
another shall present a petition to congress stating the 
matter in question and praying for a hearing, notice thereof 
shall be given by order of congress to the legislative or 



300 Executive Eegister of the United States 

executive aiithority of the other state in controversy, and a 
day assigned for the appearance of the parties by their law- 
ful agents, who shall then be directed to appoint by joint 
consent, commissioners or judges to constitute a court for 
hearing and determining the matter in question : but if they 
cannot agree, congress shall name three persons out of each 
of the united states, and from the list of such persons 
each party shall alternately strike out one, the petitioners 
beginning, until the number shall be reduced to thirteen; 
and from that number not less than seven, nor more than 
nine names as congress shall direct, shall in the presence of 
congress be drawn out by lot, and the persons whose names 
shall be so drawn or any five of them, shall be commis- 
sioners or judges, to hear and finally determine the contro- 
versy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination: and if either 
party shall neglect to attend at the day appointed, without 
shewing reasons, which congress shall judge sufficient, or 
being present shall refuse to strike, the congress shall pro- 
ceed to nominate three persons out of each state, and the 
secretary of congress shall strike in behalf of such party 
absent or refusing; and the judgment and sentence of the 
court to be appointed, in the manner before prescribed, shall 
be final and conclusive; and if any of the parties shall refuse 
to submit to the authority of such court, or to appear or 
defend their claim or cause, the court shall nevertheless 
proceed to pronounce sentence, or judgment, which shall in 
like manner be final and decisive, the judgment or sentence 
and other proceedings being in either ease transmitted to 
congress, and lodged among the acts of congress for the 
security of the parties concerned: provided that every com- 
missioner, before he sits in judgment, shall take an oath to 
be administered by one of the judges of the supreme or 
superior court of the state, where the cause shall be tried, 
" well and truly to hear and determine the matter in ques- 
tion, according to the best of his judgment, without favoiir^ 
affection or hope of rcAvard : " provided also that no state shall 
be deprived of territory for the benefit of the united states. 



Appendix 301 

ALL controversies concerning the private right of soil 
claimed nnder different grants of two or more states, whose 
jurisdictions as they may respect such lands, and the states 
which passed such grants are adjusted, the said grants or 
either of them being at the same time claimed to have 
originated antecedent to such settlement of jurisdiction, 
shall on the petition of either party to the congress of the 
united states, be finally determined as near as may be in the 
same manner as is before prescribed for deciding disputes 
respecting territorial jurisdiction between different states. 

THE united states in congress assembled shall also have 
the sole and exclusive right and jjower of regulating the 
alloy and value of coin struck by their own authority, or by 
that of the respective states — fixing the standard of weights 
and measures throughout the united states — regulating the 
trade and managing all affairs with the Indians, not members 
of any of the states, provided that the legislative right of any 
state within its own limits be not infringed or violated — 
establishing and regulating post-offices from one state to 
another, throughout all the united states, and exacting such 
postage on the papers passing thro' the same as may be requi- 
site to defray the expences of the said office — appointing all 
officers of the land forces, in the service of the united states, 
excepting regimental officers — appointing all the officers of 
the naval forces, and commissioning all officers whatever in 
the service of the united states — making rules for the gov- 
ernment and regulation of the said land and naval forces, 
and directing their operations. 

THE united states in congress assembled shall have au- 
thority to appoint a committee, to sit in the recess of con- 
gress, to be denominated " A Committee of the States," and 
to consist of one delegate from each state; and to appoint 
such other committees and civil officers as may be neces- 
sary for managing the general affairs of the united states 
under their direction — to appoint one of their number to 
preside, provided that no person be allowed to serve in the 
office of president more tiian one year in any term of three 



302 Executive Eegister of the United States 

years; to ascertain the necessary snms of Money to be raised 
for the service of the nnited states, and to appropriate and 
apply the same for defraying the pnblie expences — to borrow 
money, or emit bills on the credit of the united states, trans- 
mitting every half year to the respective states an account 
of the sums of money so borrowed or emitted, — to build 
and equip a navy — to agree upon the number of land forces, 
and to make requisitions from each state for its quota, in 
proportion to the number of Avhite inhabitants in such state; 
which requisition shall be binding, and thereupon the legis- 
lature of each state shall appoint the regimental officers, 
raise the men and cloath, arm and equip them in a soldier 
like manner, at the expence of the united states, and the offi- 
cers and men so cloathed, armed and equipped shall march to 
the place appointed, and within the time agreed on 'by the 
united states in congress assembled : But if the united states 
in congress assembled shall, on consideration of circumstances 
judge proper that any state should not raise men, or should 
raise a smaller number than its quota, and that any other 
state should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, cloath- 
ed, armed and equipped in the same manner as the quota of 
such state, unless the legislature of such state shall judge 
that such extra nimiber cannot be safely spared out of the 
same, in which case they shall raise, officer, cloath, arm and 
equip as many of such extra number as they judge can be 
safely spared. And the officers and men so cloathed, armed 
and equipped, shall march to the place appointed, and within 
the time agreed on by the united states in congress assem- 
bled. 

THE united states in congress assembled shall never 
engage in a war, nor grant letters of marque and reprisal in 
time of peace, nor enter into any. treaties or alliances, nor 
coin money, nor regulate the value thereof, nor ascertain the 
sums and expences necessary for the defence and welfare of 
the united states, or any of them, nor emit bills, nor borrow 
money on the credit of the united states, nor appropriate 
money, nor agree upon the number of vessels of war, to be 



Appendix 303 

built or purchased, or the number of land or sea forces to 
be raised, nor appoint a commander in chief of the army or 
navy, unless nine states assent to the same: nor shall a ques- 
tion on any other point, except for adjourning from day to 
day be determined, unless by the votes of a majority of the 
united states in congress assembled. 

THE congress of the united states shall have power to 
adjourn to any time within the year, and to any place within 
the united states, so that no period of adjournment be for 
a longer duration, than the space of six Months, and shall 
publish the Journal of their proceedings monthly, except 
such parts thereof relating to treaties, alliances or military 
operations, as in their judgment require secresy; and the 
yeas and nays of the delegates of each state on any question 
shall be entered on the Journal, when it is desired by any 
delegate; and the delegates of a state, or any of them, at his 
or their request shall be furnished with a transcript of the 
said Journal, except such parts as are above excepted, to lay 
before the legislatures of the several states. 

ARTICLE X. THE committee of the states, or any nine 
of them, shall be authorised to execute, in the recess of con- 
gress, such of the powers of congress as the united states in 
congress assembled, hj the consent of nine states, shall from 
time to time think expedient to vest them with; provided 
that no power be delegated to the said committee, for the 
exercise of which, by the articles of confederation, the voice 
of nine states in the congress of the united states assembled 
is requisite. 

AETICLE XI. CANADA acceding to this confederation, 
and joining in the measures of the united states, shall be 
admitted into, and entitled to all the advantages of this 
union: but no other colony shall be admitted into the same, 
unless such admission be agreed to by nine states. 

ARTICLE XII. ALL bills of credit emitted, monies bor- 
rowed and debts contracted by, or under the authority of 
congress, before the assembling of the united states, in pur- 
suance of the present confederation, shall be deemed and 



304 Executive Register of the United States 

considered as a charge against the united states, for payment 
and satisfaction whereof the said united states, and the pub- 
lic faith are hereby solemnly pledged. 

AETICLE XIII. EVERY state shall abide by the deter- 
minations of the united states in congress assembled, on all 
questions which by this confederation are submitted to them. 
And the Articles of this confederation shall be inviolably 
observed by every state, and the union shall be perpetual; 
nor shall any alteration at any time hereafter be made in 
any of them; unless such alteration be agreed to in a con- 
gress of the united states, and be afterwards confirmed by 
the legislatures of every state. 

AND WHEREAS it hath pleased the Great Governor of 
the World to incline the hearts of the legislatures we re- 
spectively represent in congress, to approve of, and to author- 
ize us to ratify the said articles of confederation and per- 
petual union. KNOW YE that Ave the under-signed dele- 
gates, by virtue of the power and authority to us given for 
that purpose, do by these presents, in the name and in behalf 
of our respective constituents, fully and entirely ratify and 
confirm each and every of the said articles of confederation 
and perpetual union, and all and singular the matters and 
things therein contained : AND we do further solemnly 
plight and engage the faith of our respective constituents, 
that they shall abide by the determinations of the united 
states in congress assembled, on all questions, which by the 
said confederation are submitted to them. And that the 
articles thereof shall be inviolably observed by the states we 
respectively represent, and that the union shall be perpetual. 
IN WITNESS whereof we have hereunto set our hands in 
Congress. DONE at Philadelphia in the state of Pennsyl- 
vania the ninth Day of July in the Year of our Lord one 
Thousand seven Hundred and Seventy-eight, and in the 
third year of the independence of America. 



Appendix 



305 



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306 Executive Eegistee of the United States 



THE CONSTITUTION OF THE UNITED STATES. 

We the People of the United States, in Order to form a 
more perfect Union, establish Justice, insure domestic Tran- 
quility, provide for the common defence, promote the gen- 
eral Welfare, and secure the Blessings of Liberty to our- 
selves and our Posterity, do ordain and establish this Con- 
stitution for the United States of America. 

Article. I. 

Section. 1. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall con- 
sist of a Senate and House of Eepresentatives. 
Section. 2. The House of Eepresentatives shall be com- 
posed of Members chosen every second Year by the People 
of the several States, and the Electors in each State shall 

the 

have Qualif] cations requisite for Electors of the most num- 

A 

erous Branch of the State Legislature. 

No Person shall be a Eepresentative who shall not have 
attained to the Age of twenty five Years, and been seven 
Years a Citizen of the United States, and who shall not, 
when elected, be an Inhabitant of that State in which he 
shall be chosen. 

Eepresentatives and direct Taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective Numbers, which shall be 
determined by adding to the whole Number of free Persons, 
including those bound to Service for a Term, of Years, and 
excluding Indians not taxed, three fifths of all other Persons. 
The actual Enumeration shall be' made Avithin three Years 
after the first Meeting of the Congress of the United States, 
and within every subsequent Term of ten Years, in such 
Manner as they shall by Law direct. The Number of Eep- 
resentatives shall not exceed one for every thirty Thousand, 
but each State shall have at Least one Eepresentative;. and 



Appendix 307 

until such enumeration shall be made, the State of New 
Hampshire shall be entitled to chuse three, Massachusetts 
eight, Rhode-Island and Providence Plantations one, Con- 
necticut five. New- York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North Caro- 
lina five, South Carolina five, and Georgia three. 

When vacancies happen in the Eepresentation from any 
State, the Executive Authority thereof shall issue Writs of 
Election to fill such Vacancies. 

The House of Eepresentatives shall chuse their Speaker 
and other Officers; and shall have the sole Power of Im- 
peachment. 

Section. 3. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the Legis- 
lature thereof, for six Years; and each Senator shall have 
one Vote. 

Immediately after they shall be assembled in Consequence 
of the first Election, they shall be divided as equally as may 
be into three Classes. The Seats of the Senators of the first 
Class shall be vacated at the Expiration of the second Year, 
of the second Class at the Expiration of the fourth Year, and 
of the third Class at the Expiration of the sixth Year, so that 
one third may be chosen every second Year; and if Vacancies 
happen by Resignation, or otherwise, during the Recess of 
the Legislature of any State, the Executive thereof may 
make temjDorary Appointments until the next Meeting of 
the Legislature, which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen of 
the United States, and who shall not, when elected, be an 
Inhabitant of that State for which he shall be chosen. 

The Vice President of the United States shall be Presi- 
dent of the Senate, but shall have no Vote, unless they be 
equally divided. 

The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice Presi- 
dent, or when he shall exercise the Office of President of 
the United States. 



308 Executive Eegister of the United States 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on 
Oath or Affirmation. When the President of the United 

is tried, 

States the Chief Justice shall preside: And no Person shall 

be convicted without the Concurrence of two thirds of the 
Members present. 

Judgment in Cases of Impeachment shall not extend fur- 
ther than to removal from Office, and disqualification to hold 
and enjoy any Office of honor, Trust or Profit under the 
United States: but the Party convicted shall nevertheless be 
liable and subject to Indictment, Trial, Judgment and Pun- 
ishment, according to Law. 

Section. 4. The Times, Places and Manner of holding Elec- 
tions for Senators and Eepresentatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress 
may at any time by Law make or alter such Regulations, 
except as to the Places of chusing Senators. 

The Congress shall assemble at least once in every Year, 
and such Meetings shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 
Section. 5. Each House shall be the Judge of the Elec- 
tions, Eeturns and Qualifications of its own Members, and a 
Majority of each shall constitute a Quorum to do Business; 
but a smaller N'umber may adjourn from day to day, and may 
be authorized to compel the Attendance of absent Members, 
in such Manner, and under such Penalties as each House 
may provide. 

Each House may determine the Rules of its Proceedings, 
punish its Members for disorderly Behaviour, and, with the 
Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts as 
may in their Judgment require Secrecy; and the Yeas and 
Kays of the Members of either House on any question shall, 
at the Desire of one fifth of those Present, be entered on 
the Journal. 

Neither House, during the Session of Congress, shall. 



Appendix 309 

without the Consent of the other, adjourn for more than 
three days, nor to any other Place than that in which the 
two Houses shall he sitting. 

Section. 6. The Senators and Eepresentatives shall receive 
a Compensation for their Services, to he ascertained by Law, 
and paid out of the Treasury of the- United States. They 
shall in all Cases, except Treason, Felony and Breach of the 
Peace, be privileged from Arrest during their Attendance 
at the Session of their respective Houses, and in going to 
and returning from the same; and for any Speech or Debate 
in either House, they shall not be questioned in any other 
Place. 

No Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under 
the Authority of The United States, which shall have been 
created, or the Emoluments whereof shall have been en- 
creased during such time; and no Person holding any Office 
under the United States, shall be a Member of either House 
during his Continuance in Office. 

Section. 7. All Bills for raising Eevenue shall originate in 
the House of Representatives; but the Senate may propose 
or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it become a Law, be 
presented to the President of the United States; If he ap- 
prove he shall sign it, but if not he shall return it, with his 
Objections to that House in which it shall have originated, 
who shall enter the Objections at large on their Journal, and 
proceed to reconsider it. If after such Reconsideration two 
thirds of that House shall agree to pass the Bill, it shall be 
sent, together with the Objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by 
two thirds of that House, it shall become a Law. But in all 
such Cases the Votes of both Houses shall be determined by 
yeas and Nays, and the Names of the Persons voting for and 
against the Bill .shall be entered on the Journal of each 
House respectively. If any Bill shall not be returned by 
the President within ten Days (Sundays excepted) after it 



310 Executive Registek of tpie United States 

shall have been presented to him, the Same shall be a Law, 
in like Manner as if he had signed it, unless the Congress 
by their Adjournment prevent its Eeturn, in which Case it 
shall not be a Law. 

Every Order, Besolution, or Vote to which the Concur- 
rence of the Senate and House of Eepresentatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States; and before 
the Same shall take Effect, shall be approved by him, or 
being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Eepresentatives, according to 
the Eules and Limitations prescribed in the Case of a Bill. 
Section. 8. The Congress shall have Power To lay and col- 
lect Taxes, Duties, Lnposts and Excises, to pay the Debts 
and provide for the common Defence and general Welfare 
of the United States; but all Duties, Imposts and Excises 
shall be uniform throughout the United States; 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign ISTations, and among 
the several States, and with the Indian Tribes; 

To establish an uniform Eule of ISTaturalization, and uni- 
form Laws on the subject of Bankruptcies throughout the 
United States; 

To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the Se- 
curities and current Coin of the United States; 

To establish Post Offices and post Eoads; 

To promote the Progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the ex- 
clusive Eight to their respective Writings and Discoveries; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of ITations; 

To declare War, grant Letters of Marque and Eeprisal, 
and make Eules concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two 
Years; 



Appendix 311 

To provide and maintain a Navy; 

To make Eules for the Government and Eegulation of 
the land and naval Forces; 

To provide for calling forth the Militia to execute the 
Laws of the Union, sujopress Insurrections and repel Inva- 
sions; 

To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be 
employed in the Service of the United States, reserving to 
the States respectively, the Appointment of the Officers, 
and the Authority of training the Militia according to the 
discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con- 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places pur- 
chased by the Consent of the Legislature of the State in 
which the Same shall be, for the Erection of Forts, Maga- 
zines, Arsenals, dock- Yards, and other needful Buildings; — 
And 

To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all 
other Powers vested by this Constitution in the Government 
of the United States, or in any Department or Officer 
thereof. 

Section. 9. The Migration or Importation of such Persons 
as any of the States now existing shall think proper to 
admit, shall not be prohibited by the Congress prior to the 
Year one thousand eight hundred and eight, but a Tax or 
duty may be imposed on such Importation, not exceeding 
ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Eebellion or Invasion 
the public Safety may require it. 

No bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct, Tax shall be laid, unless 
S. Doc. 196, 58-3—05 21 



312 Executive Eegister of the United States 

in Proportion to the Census or Enumeration herein before 
directed to be taken. 

No Tax or Duty shall be laid on Articles exported from 
any State. 

No Preference shall be given by any Eegulation of Com- 
merce or Eevenue to the Ports of one State over those of 
another: nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Con- 
sequence of Appropriations made by Law; and a regular 
Statement and Account of the Receipts and Expenditures 
of all public Money shall be published from time to time. 

No Title of Nobility shall be granted by the United 

States: And no Person holding any Office of Profit or Trust 

under them, shall, without the Consent of the Congress, 

accept of any present. Emolument, Office, or Title, of any 

kind Avhatever, from any King, Prince, or foreign State. 

Section. 10. No State shall enter into any Treaty, Alliance, 

or Confederation; grant Letters of Marque and Reprisal; 

coin Money; emit Bills of Credit; make any Thing but gold 

and silver Coin a Tender in Payment of Debts; pa.ss any 

Bill of Attainder, ex post facto Law, or Law impairing the 

Obligation of Contracts, or grant any Title of Nobility. 

the 
No State shall, without the Consent of Congress, lay any 

A 

Imposts or Duties on Imports or Exports, except what may 
be absolutely necessary for executing it's inspection Laws: 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States; and all such Laws shall be 

the 

subject to the Revision and Controul of Congress. 

A 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger as will not 
admit of delay. 



Appendix 313 



Article. II. 



Section. 1. The executive Power shall be vested in a Presi- 
dent of the United States of America. He shall hold his 
Office during the Term of four Years, and, together with 
the Vice President, chosen for the same Term, be elected, 
as follows 

Each State shall appoint, in such Manner as the Legis- 
lature thereof may direct, a ISTumber of Electors, equal to 
the whole Number of Senators and Representatives to which 
the State may be entitled in the Congress: but no Senator or 
Representative, or Person holding an Office of Trust or Profit 
under the United States, shall be appointed an Elector. 

The Electors shall meet in their respective States, and vote 
by Ballot for two Persons, of whom one at least shall not 
be an Inhabitant of the same State with themselves. And 
they shall make a List of all the Persons voted for, and of 
the Number of Votes for each; which List they shall sign 
and certify, and transmit sealed to the Seat of the Govern- 
ment of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the Presence 
of the Senate and House of Representatives, open all the Cer- 
tificates, and the Votes shall then be counted. The Person 
having the greatest Number of Votes shall be the President, 
if such Number be a Majority of the whole Number of Elec- 
tors appointed; and if there be more than one who have such 
Majority, and have an equal Number of Votes, then the 
House of Representatives shall immediately chuse by Ballot 
one of them for President; and if no Person have a Majority, 
then from the five highest on the List the said House shall 
in like Manner chuse the President. But in chusing the 
President, the Votes shall be taken by States, the Repre- 
sentation from each State having one Vote; A quorum for 
this Purpose shall consist of a Member or Members from 
two thirds of the States, and a Majority of all the States 
shall be necessary to a Choice. In every Case, after the 
Choice of the President, the Person having the greatest 
Number of Votes of the Electors shall be the Vice President. 



314 Executive Eegistek of the United States 

But if there should remain two or more who have equal 
Votes, the Senate shall chuse from them by Ballot the Vice 
President. 

The Congress may detennine the Time of chusing the 
Electors, and the Day on which they shall give their Votes; 
which Day shall be the same throughout the United States. 

No Person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this Con- 
stitution, shall be eligible to the Office of President; neither 
shall any Person be eligible to that Office who shall not have 
attained to the Age of thirty five Years, and been fourteen 
Years a Eesident within the United States. 

In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the Pow- 
ers and Duties of the said Office, the Same shall devolve on 
the Vice President, and the Congress may by Law provide for 
the Case of Removal, Death, Resignation or Inability, both 
of the President and Vice President, declaring what Officer 
shall then act as President, and such Officer shall act accord- 
ingly, until the Disability be removed, or a President shall 
be elected. 

The President shall, at stated Times, receive for his Ser- 
vices, a" Compensation, which shall neither be encreased nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
Emolument from the United States, or any of them. 

Before he enter en the Execution of his Office, he shall 
take the following Oath or Affirmation: — "I do solemnly 
swear (or affirm) that I will faithfully execute the Office of 
President of the United States, and Avill to the best of my 
Ability, preserve, protect and defend the Constitution of the 
United States." 

Section. 2. The President shall be Commander in Chief of 
the Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service of 
the United States; he may require the Opinion, in writing, 
of the principal Officer in each of the executive Departments, 
upon any Subject relating to the Duties of their respective 



Appendix 315 

Offices, and lie shall have Power to grant Eeprieves and 
Pardons for Offences against the United States, except in 
Cases of Impeachment. 

He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two thirds of 
the Senators present concur; and he shall nominate, and 
by and with the Advice and Consent of the Senate, shall 
appoint Ambassadors, other public Ministers and Consuls, 
Judges of the supreme Court, and all other Officers of the 
United States, whose Appointments are not herein other- 
wise provided for, and which shall be established by Law: 
but the Congress may by Law vest the Appointment of such 
inferior Officers, as they think proper, in the President alone, 
in the Courts of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies 
that may happen during the Eecess of the Senate, by grant- 
ing Commissions which shall expire at the End of their next 
Session. 

Section. 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to 
their Consideration such Measures as he shall judge neces- 
sary and expedient; he may, on extraordinary Occasions, 
convene both Houses, or either of them, and in Case of Dis- 
agreement between them, with Eespect to the Time of Ad- 
journment, he may adjourn them to such Time as he shall 
think proper; he shall receive Ambassadors and other public 
Ministers; he shall take Care that the Laws be faithfully 
executed, and shall Commission all the. Officers of the United 
States. 

Section. 4. The President, Vice President and all civil Offi- 
cers of the United States, shall be removed from Office on 
Impeachment for, and Conviction of, Treason, Bribery, or 
other high Crimes and Misdemeanors. 

Article TIL 

Section. 1. Tlie judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts 



316 Executive Register oe the United States 

as the Congress may from time to time ordain and establish. 
The Judges, both of the supreme and inferior Courts, shall 
hold their Offices during good Behaviour, and shall, at stated 
Times, receive for their Services, a Compensation, which shall 
not be diminished during their Continuance in Office. 
Section. 2. The Judicial Power shall extend to all Cases, in 
Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority; — to all Cases affecting Am- 
bassadors, other public Ministers and Consuls; — to all Cases 
of admiralty and maritime Jurisdiction; — to Controversies to 
which the United States shall be a Party; — to Controversies 
between two or more States; — between a State and Citizens 
of another State; — between Citizens of different States, — 
between Citizens of the same State claiming Lands under 
Grants of different States, and between a State, or the 
Citizens thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
supreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Pact, with such 
Exceptions, and under such regulations as the Congress shall 
make. 

The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury; and such Trial shall be held in the State 
where the said Crimes shall have been committed; but when 
not committed within any State, the Trial shall be at such 
Place or Places as the Congress may by Law have directed. 
Section. 3. Treason against the United States, shall con- 
sist only in levying War against them, or in adhering to their 
Enemies, giving them. Aid and Comfort. ISTo Person shall 
be convicted of Treason unless on the Testimony of two 
Witnesses to the same overt Act, or on Confession in open 
Court. 

The Congress shall have Power to declare the Punishment 
of Treason, but no Attainder of Treason shall work Corrup- 
tion of Blood, or Forfeiture except during the Life of the 
Person attainted. 



Appendix 317 

Article. IV. 

Section. 1. Full Faith and Credit shall be given in each 
State to the public Acts, Eecords, and judicial Proceedings 
of every other State. And the Congress may by general 
Laws prescribe the Manner in which such Acts, Eecords 
and Proceedings shall be proved, and the Effect thereof. 
Section. 2. The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several 
States. 

A Person charged in any State Avith Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in 
■another State, shall on Demand of the executive Authority 
of the State from which he fled, be delivered up, to be 
removed to the State having Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another,' shall, in Conse- 
quence of any Law or Eegulation therein, be discharged 
from such Service or Labour, but shall be delivered up on 
Claim of the Party to whom such Service or Labour may 
be due. 

Section. 3. New States may be admitted by the Congress 
into this Union; but no new State shall be formed or erected 
within the Jurisdiction of any other State; nor any State be 
formed by the Junction of two or more States, or Parts of 
States, without the Consent of the Legislatures of the States 
concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make 
all needful Eules and Eegulations respecting the Territory 
or other Property belonging to the United States; and noth- 
ing in this Constitution shall be so construed as to Preju- 
dice any Claims of the United States, or of any particular 
State. 

Section. 4. The United States shall guarantee to every 
State in this Union a Eepublican Form of Government, 
and shall protect each of them against Invasion; and on 
Application of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic Vio- 
lence. 



.'^IS Executive Eegistee of the United States 

Article. V. 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Con- 
stitution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for pro- 
posing Amendments, which, in either Case, shall be valid to 
all Intents and Purposes, as Part of this Constitution, when 
ratified by the Legislatures of three fourths of the several 
States, or by Conventions in three fourths thereof, as the 
one or the other Mode of Ratification may be proposed by 
the Congress; Provided that no Amendment which may be 
made prior to the Year One thousand eight hundred and 
eight shall in any Manner aifect the first and fourth Clauses 
in the ISTinth Section of the first Article; and that no State, 
without its Consent, shall be deprived of it's ecjual Suffrage 
in the Senate. 

Article. VI. 

All Debts contracted and Engagements entered into, be- 
fore the Adoption of this Constitution, shall be as valid 
against the United States under this Constitution, as under 
the Confederation. 

This Constitution, and the Laws of the United States 
which shall be made in Pursuance thereof; and all Treaties 
made, or which shall be made, under the Authority of the 
United States, shall be the supreme Law of the Land; and 
the Judges in every State shall be bound thereby, any Thing 
in the Constitution or Laws of any State to the Contrary 
notwithstanding. 

The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all exec- 
utive and judicial Officers, both of the United States and of. 
the several States, shall be bound by Oath or Affirmation, 
to support this Constitution; but no religious Test shall ever 
be required as a Qualification to any Office or public Trust 
under the United States. 



Appendix 



S19 



Article. VII. 

The Eatification of the Conventions of nine States, shall 
be snfhcient for the Establishment of this Constitution be- 
tween the States so ratifying the Same. 

done in Convention by the Unani- 
mous Consent of the States pres- 
ent the Seventeenth Day of Sep- 
tember in the Year of our Lord 
one thousand seven hundred and 
Eighty seven and of the Inde- 
pendance of the United States of 
America the Twelfth In witness 
whereof We have hereunto sub- 
scribed our Names, 

vj? WASHiNGTOisr— Presid* 
and deputy from Virginia 



The "Word, "the," being- in- 
terlined between the seventh 
and eighth Lines of the first 
Page, The Word "Thirty" 
being partly written on an 
Erazure in the fifteenth Line 
of the first Page, The Words 
*' is tried " being interlined 
between the thirty second and 
thirty third Lines of the first 
Page and the Word ."the" 
being interlined between the 
forty third and forty fourth 
Lines of the second Page. 

Attest William Jackson Secretary 



ISTew" Hampshire 



John Langdon 

FiCI-IOLAS GiLMAN 



Massachusetts 



Nathaniel Gorham 
EuFus King 



Connecticut 



W'^^ SamV Johnson 
EoGER Sherman 



New York 



Alexander Hamilton 



New Jersey 



r Wil : Livingston 
I David Brearlet. 



-! 



W^ Paterson. 
I 
[ JoNA : Dayton 



320 Executive Eegister of the United States 



Pensylvania 



Delaware 



Marj^land 



Virginia 



ISTorth Carelina 



South Carolina 



Georgia 



B FRANKLIlSr 

Thomas Mifflin 
Rob'^ Morris 
GrEO. Clymer 
Tho? FitzSimons 
Jared Ingersoll 
James Wilson 
Gouv Morris 

^ Geo : Read 

Gunning Bedford jnn 
i^ John Dickinson 

Richard Bassett 
I Jaco : Broom 

r James M'^Henry 
< Dan of S'^ Ti-iof Jenifer 
'^Dan^ Carroll. 

i John Blair — 

I James Madison Jr. 

r W^ Blount 

i Rich? Dobbs Spaight 

^ Hu Williamson 

fJ. Rutledge 

I Charles Cotesworth Pinckney 

I Charles Pinckney 

(^ Pierce Butler 

r Wilijam Pew 
I Abr Baldwin 



Appendix 321 

In Convention Monday September 17*^^ 1787. 

Present 

The States of 

JSTew Hampshire, Massacliusetts, Connecticut, M'' Hamilton 
from New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina and 
Georgia. Eesolved, 

That the preceeding Constitution be laid before the 
United States in Congress assembled, and that it is the 
Opinion of this Convention, that it should afterwards be 
submitted to a Convention of Delegates, chosen in each 
State by the People thereof, under the Recommendation 
of its Legislature, for their Assent and Eatification; and 
that each Convention assenting to, and ratifying the Same, 
should give Notice thereof to the United States in Congress 
assembled. 

Eesolved, That it is the Opinion of this Convention, that 
as soon as the Conventions of nine States shall have ratified 
this Constitution, the United States in Congress assembled 
should fix a Day on which Electors should be appointed by 
the States which shall have ratified the same, and a Day on 
which the Electors should assemble to vote for the Presi- 
dent, and the Time and Place for commencing Proceedings 
under this Constitution. That after such Publication the 
Electors should be appointed, and the Senators and Eepre- 
sentatives elected: That the Electors should meet on the 
Day fixed for the Election of the President, and should 
transmit their Votes certified, signed, sealed and directed, 
as the Constitution requires, to the Secretary of the United 
States in Congress assembled, that the Senators and Eepre- 
sentatives should convene at the Time and Place assigned; 
that the Senators should appoint a President of the Senate, 
for the sole Purpose of receiving, opening and counting the 
Votes for President; and, that after he shall be chosen, 
the Congress, together with the President, should, without 
Delay, proceed to execute this Constitution. 



332 Executive Register of the United States 

By the Unanimous Order of the Convention 

G? Washington Presid* 
W. Jackson Secretary 

[Note. — For the dates of ratification of the Constitution by the 
several States, see p. 4.] . 

Congress of the United States, 

begun and held at the City of New- York, on 

Wednesday the fourth of March, one thousand seven hun- 
dred and eighty nine. 

THE Conventions of a ninnher of the States, having at 
the time of their adopting the Constitution, expressed a 
desire, in order to prevent misconstruction or abuse of its 
powers, that further declaratory and restrictive clauses 
should be added: And as extending the ground of public 
confidence in the Government, will best ensure the benifi- 
cent ends of its institution: 

EESOLVED by the Senate and House of Representa- 
tives of the United States of America, in Congress assem- 
bled, two thirds of both Houses concurring, that the follow- 
ing Articles be proposed to the Legislatures of the several 
States, as Amendments to the Constitution of the United 
States, all or any of which Articles, when ratified by three 
fourths of the said Legislatures, to be valid to all intents 
and purposes, as part of the said Constitution : viz* 

Aeticles in addition to, and Amendment of the Consti- 
tution of the United States of America, proposed by Con- 
gress, and ratified by the Legislatures of the several States, 
pursuant to the fifth Article of the Original Constitution. 

Article the first After the first enumeration required 

by the first Article of the Constitution, there shall be 
one Representative for every thirty thousand, until the 
number shall amount to one hundred, after which, the 
proportion shall be so regulated by Congress, that there 
shall be not less than one hundred Representatives, nor 



Appendix 323 

less than one Eepresentative for every forty thousand 
persons, until the number of Eepresentatives shall 
amount to two hundred^ after which the proportion 
shall he so regulated by Congress, that there shall not 
be less than two hundred Eepresentatives, nor more 
than one Eepresentative for every fifty thousand per- 
sons. 

Article the second . . . No law, varying the compensation for 
the services of the Senators and Eepresentatives, shall 
take effect, until an election of Eepresentatives shall 
have intervened. 

Article the third Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the free 
exercise thereof; or abridging the freedom of speech, 
or of the press; or the right of the people peaceably 
to assemble, and to petition the Government for a re- 
dress of grievances. 

Article the fourth A well regulated Militia, being nec- 
essary to the security of a free State, the right of the 
people to keep and bear Arms, shall not be infringed. 

Article the fifth No Soldier shall, in time of peace 

be quartered in any house, without the consent of the 
Owner, nor in time of war, but in a manner to be pre- 
scribed by law. 

Article the sixth The right of the people to be secure 

in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated, and no Warrants shall issue, but upon probable 
cause, supported by Oath or affirmation, and particu- 
larly describing the place to be searched, and the per- 
sons or things to be seized. 

Article the seventh. .No person shall be held to answer for 
a capital, or otherwise infamous crime, unless on a pre- 
sentment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War or public 
danger; nor shall any person be subject for the same 



324 Executive Register of the United States 

offence to be twice put in jeopardy of life or limb; nor 
shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or 
propert}^, without due process of law; nor shall private 
property be taken for public use, without just com- 
pensation. 

Article the eighth... In all criminal prosecutions, the ac- 
cused shall enjoy the right to a speedy and public 
trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accu- 
sation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the Assistance of Coun- 
sel for his defence. 

Article the ninth. .In Suits at common law, where the value 
in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved, and no fact tried by a 
jury, shall be otherwise re-examined in any Court of 
the United States, than according to the rules of the 
common law. 

Article the tenth Excessive bail shall not be required, 

nor excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Article the eleventh .... The enumeration in the Constitu- 
tion, of certain rights, shall not be construed to deny 
or disparage others retained by the people. 

Article the twelf th . . . The powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, 
or to the people. 

Fkedeeick Augustus Muhlenbeeg Speaker 

of the House of Representatives. 

John Adams, Vice-President of the United States, 

and President of the Senate. 



Appendix 325 

Attest, 

John Beckley, Clerk of the House of Kepresentatives. 
Sam. a. Otis Secretary of the Senate.* 

Third 

Congress of the United States: 

At the First session;, 

Begun and held at the City of Philadelphia, in the State 
of Pennsylvania, on Monday the Second of December one 
thousand seven hvmdred and ninety-three. 

Eesolved by the Senate and House of Eepresentatives of 
the United States of America, in Congress assembled, two 
thirds of both Houses concurring, that the following Article 
be proposed to the Legislatures of the several States, as an 
amendment to the Constitution of the United States; which 
when ratified by tliree-fourths of the said Legislatures shall 
be valid as part of the said Constitution, viz: 

The Judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by Citizens 
of another State, or by Citizens or Subjects of any Foreign 
State. 

Feedekick Augustus Muhlenbeeg Speaker 

of the House of Kepresentatives. 
J \ ( ^^ice President of the United States 

' "I and President of the Senate. 
John Beckley, . . . Clerk of the House of Kepre- 
Attest. . -I sentatives. 

Sam. a. Otis, Secretary of the Senate. f 

*The first two amendments here appearing were not adopted. 
The ten following were ratified, and the ratifications were com- 
municated by the President to Congress, from time to time, as 
the several States notified him of their action. They now stand 
as the first ten amendments to the Constitution. 

t The eleventh amendment was declared by the President, in 
a message to Congress dated January 8, 1798, to have been rati- 
fied by three-fourths of the States. 



326 Executive Eegister of the United States 
EIGHTH CONGEESS OF THE UNITED STATES; 

AT THE FIRST SESSION, 

Begun and held at the city of Washington, in the territory 
of Columbia, on Monday, the seventeenth of Octolaer, 
one thousand eight hundred and three. 



Resolved by the Senate and House of Eepresentatives of 
the United States of America, in Congress assembled. Two 
thirds of both houses concurring, that in lieu of the third 
paragraph of the first section of the second article of the 
constitution of the United States, the following be proposed 
as an amendment to the constitution of the United States, 
which when ratified by three-fourths of the legislatures of 
the several states, shall be valid to all intents and purposes, 
as part of the said constitution, to wit : 

The Electors shall meet in their respective states, and 
vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same state 
with themselves; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the person 
voted for as Vice-President, and they shall make distinct 
lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for 
each, which lists they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, 
directed to the President of the Senate; — The President of 
the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates and the votes 
shall then be counted; — The person having the greatest 
number of votes for President, shall be the President, if such 
number be a majority of the whole number of Electors 
appointed; and if no person have such majority, then from 
the persons having the highest numbers not exceeding three 
on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall 



Appendix 32'? 

be taken by States, the representation from each state hav- 
ing one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. 
And if the House of Eepresentatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then 
the Vice-President shall act as President, as in the case of 
the death or other constitutional disability of the Presi- 
dent. — The person having the greatest number of votes as 
"Vice-President, shall be the Vice-President, if such number 
be a majority of the whole number of Electors appointed, 
and if no person have a majority, then from the two highest 
numbers on the list, the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United 
States. 

Nath^ Macon Speaker of the House 

of Eepresentatives. 
A. Burr Vice-President of the United 
States, and President of the Senate. 
Attest — 

John Beckley. — Clerk of the House of Eepresentatives. 

Sam: A. Otis Secretary of the Senate.* 

Thirty-Eighth Congress of the United States of America; 
At the — Second — Session, 

Begun and held at the City of Washington, on Monday, the 
fifth — day of December, one thousand eight hundred 
and sixty-four. 

* The twelfth amendment, proposed in lieu of the original third 
paragraph of section 1 of Article II, was declared in a proclama- 
tion of the Secretary of State, dated September 25, 1804, to have 
been ratified by three-fourths of the States. 
S. Doc. 196, 58-3—05 22 



338 Executive Register of the United States 

A RESOLUTION 

Submitting to the legislatures o£ the several States a propo- 
sition to amend the Constitution of the United States. 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
(two-thirds of both houses concurring), That the following 
article be proposed to the legislatures of the several States 
as an amendment to the constitution of the United States, 
which, when ratified by three-fourths oJ said Legislatures, 
shall be valid, to all intents and purposes, as a part of 
the said Constitution, namely: Article XIII. Section 1 
Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place 
subject to their jurisdiction. Section. 2. Congress shall 
have j)ower to enforce this article by appropriate legislation. 

Schuyler Colfax 
Speaker of the House of Representatives. 

H. Hamlin 
Vice President of the United States. 

and President of the Senate. 
Approved, February 1. 1865. Abraham Lincoln 

[indorsement.] 
I certify that this Resolution did originate in the Senate 

J. W. Eorney 
Secretary* 

Thirty-ninth Congress of the United States, at the first 
session, begun and held at the City of Washington, in the 
District of Columbia, on Mondaj^, the fourth day of Decem- 
ber, one thousand eight hundred and sixty-five. 

* The thirteenth amendment was declared in a proclamation 
of the Secretary of State, dated December 18, 1865, to have been 
ratified by twenty-seven of the thirty-six States. 



Appendix 329 

Joint Eesolution proposing an amendment to the Constitu- 
tion of the United States. 



Be it resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
(two-thirds of both Houses concurring,) That the following 
article be proposed to the legislatures of the several States 
as an amendment to the Constitution of the United States, 
which, when ratified by three-fourths of said legislatures, 
shall be valid as part of the Constitution, namely: 

Article XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of life, lib- 
erty, or property, without due process of law; nor deny 
to any person within its jurisdiction the equal protection 
of the laws. 

Section 2. Eepresentatives shall be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any elec- 
tion for the choice of electors for President and Vice Presi- 
dent of the United States, Eepresentatives in Congress, the 
Executive and Judicial officers of a State, or the members 
of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age, 
and citizens of the United Stales, or in any way abridged, 
except for participation in rebellion, or other crime, the 
basis of representation therein shall he reduced in the pro- 
portion which the number of such male citizens shall bear 
to the whole number of male citizens twenty-one years of 
age in such State. 
Section 3. No person shall be a Senator or Eepresentative 



330 Executive Eegistek of the United States 

in Congress, or elector of President and Vice President, or 
hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath, 
as a memher of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an 
executive or Judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress may by a 
vote of two-thirds of each House, remove such disability. 
Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in suppress- 
ing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obli- 
gations and claims shall be held illegal and void. 
Section 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

Schuyler Colfax 
Speaker of the House of Kepresentatives. 

La Fayette S. Postee, 
President of the Senate pro tempore. 
Attest. 

Edw» M^Phersgn. 

Clerk of the House of Eepresentatives. 

J. W. FOENEY 

Secretary of the Senate.* 

* The fourteenth amendment being declared by a concurrent 
resolution of Congress, adopted July 21, 1868, to have been rati- 
fied by "three-fourths and more of the several States of the 
Union," the Secretary of State was required duly to promulgate 
the text. He accordingly issued a proclamation, dated July 28, 
1868, declaring the proposed amendment to have been ratified 
by thirty of the thirty-six States. 



Appendix 331 

Fortieth Congress of the United States of America; 
At the third Session, 

Begun and held at the city of Washington, on Monday, the 
seventh day of December, one thousand eight hundred 
and sixty-eight. 



A EESOLTJTION 

Proposing an amendment to the Constitution of the United 

States. 



Eesolved by the Senate and House of Eepresentatives 
of the United States of America in Congress assembled, 
(two-thirds of both Houses concurring) That the following 
article be proposed to the legislatures of the several States 
as an amendment to the Constitution of the United States, 
which, when ratified by three-fourths of said legislatures 
shall be valid as part of the Constitution, namely: 

Article XV. 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or 
by any State on account of race, color, or previous condition 
of servitude — 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation — 

ScHUYLEE Colfax 
Speaker of the House of Representatives. 
B. F. Wade 
President of the Senate pro tempore. 
Attest : 

Edw^ M^Pheeson 

Clerk of House of Eepresentatives. 
Geo. C. Gorham 

Secy of Senate U. S.* 

* The fifteenth amendment was declared in a proclamation of 
the Secretary of State, dated March 30, 1870, to have been ratified 
by twenty-nine of the thirty-seven States. 



INDEX 



Abbott, Josiah G., Member of Electoral Commission, 212. 
Act of June 1, 1789; time and manner of administering certain 
oaths, 18. 

July 27, 1789; establishing Department of Foreign Affairs, 19. 

August 7, 1789; establishing Department of War, 20. 

September 2, 1789; establishing Department of Treasury, 21. 

September 15, 1789; establishing Department of State, 24. 

September 22, 1789; temporarily establishing Post Office, 26. 

September 24, 1789; providing for Attorney General, 27. 

August 4, 1790; temporarily establishing Post Office, 29. 

March 3, 1791; temporarily establishing Post Office, 29. 

February 20, 1792; establishing Post Office, 30. 

March 1, 1732; election of President and Vice President. 
Who shall act when both offices vacant, 42. 

May 8, 1792; vacancy in State, Treasury, or War Department; 
who may act, 45. 

February 13, 1795; vacancy in State, Treasury, or War De- 
partment; who may act, and how long, 52. 

April 30, 1798; establishing Department of Navy, 59. 

March 2, 1799; vacancy, Postmaster General, who to act; 
term of Postmaster General, 60. 

March 26, 1804; election of President and "Vice President, 66. 

April 30, 1810; vacancy, Postmaster General, who to act; 
term of Postmaster General, 78. 

March 3, 1825; vacancy, Postmaster General, who to act; 
oath of Postmaster General, 96. 

July 2, 1836; vacancy. Postmaster General, who to act, 115. 

January 23, 1845; when electors to be voted for, 133. 

March 3, 1849; establishing Interior Department, 139. 

February 20, 1863; vacancy in Executive Departments, how 
to be filled, 167. 

March 2, 1867; tenure of civil offices, 179. 

July 23, 1868; vacancy in Executive Departments, how to be 
filled, 183. 

April 5, 1869; amending tenure of office act, 191. 

June 22, 1870; establishing Department of Justice, 193. 

May 23, 1872; time of choosing electors, 199. 

June 8, 1872; establishing Post Office Department, 199. 

March 4, 1874; Chief Clerk, War Department, may sign requi- 
sitions, 206. 

March 5, 1874; oath of Postmaster General, 206. 

January 29, 1877; providing for counting votes for President 
and Vice President, 1877, 212. 

August 5, 1882; acting Secretary of War, 245. 

May 13, 1884; oaths of office, 246. 

January 19, 1886; who to act as President in case of vacancy, 
251. 



334 Index 

Act of February 3, 1887; election of President and Vice President, 
252. 
March 3, 1887; repeal of tenure of office act, 257. 
October 19, 1888; election of President and Vice President, 

258. 
February 9, 1889; establishing Department of Agriculture as 

an Executive Department, 258. 
February 6, 1891; vacancy in head of department, how long 

to be temporarily filled, 265. 
February 8, 1894; repeal of R. S. 5520, 271. 

Adams. John, vote for as President or Vice President, 8, 48, 56, 
62; Vice President, 9, 51; President, 57. 

Adams, John Quincy, Secretary of State, 89, 95; votes for, as 
President, 92, 100, 106; election in House of Representa- 
tives, 101; President, 102. 

Adams, Samuel, votes for, as President or Vice President, 56. 

Adee, Alvey A., Secretary of State ad interim, 269, 275. 

Agnew, D. Hayes, signs announcement of death of President Gar- 
field, 237. 

Agriculture, Department of, act making it an Executive Depart- 
ment, 258. 

Agriculture, Secretary of, act providing for, 258. 

Agriculture, Secretaries of, 251, 265, 271, 277, 282, 288. 

Akerman, Amos T., Attorney General, 190. 

Alexander, Ashton, certifies death of President Harrison, 124. 

Alger, Russell A., Secretary of War, 276. 

Amendments to Constitution: Article XH, 68; Article XIV, 184; 
Article XV, 193. 

Anderson, Samuel J., Secretary of War ad interim, 151. 

Anthony, Henry B., present at inauguration of President Arthur, 
241. 

Appendix, 289. 

Appointment, President's power of, 3. 

Armstrong, James, votes for, as President or Vice President, 8. 

Armstrong, John, Secretary of War, 77, 84. 

Arthur, Chester A., votes for, as Vice President, 234; Vice Presi- 
dent, 235; notified of death of President Garfield, 240; 
Reply to notice of death of President Garfield, 240; his 
oath as President, and inauguration, 240, 241; President, 
243. 

Articles of Confederation, 295. 

Ashton, J. Hubley, acting Attorney General, 178, 190. 

Atchison, David R., President pro tempore of Senate, 150, 155. 

Attorney Gen3ral, act providing for, 27; his term of office, 179; 
to be head of Department of Justice, 193; to act as Presi- 
dent in certain cases, 251; vacancy (see vacancy). 

Attorneys General, 9, 52, 58, 65, 73, 78, 85, 90, 95, 103, 108, 114, 119, 
123, 132, 137, 138, 145, 151, 156, 160, 166, 171, 178, 190, 
204, 222, 235, 236, 244, 250, 264, 270, 276, 281, 287. 

Badger, George E., Secretary of Navy, 124, 132. 

Bancroft, George, Secretary of Navy, 138. 

Banks, Nathaniel P., votes for, as Vice President, 202. 

Barbour, James, Secretary of War, 102. 

Barry, William T., Postmaster General, 108, 114. 



Index 335 



Bates, Edward, confirmed and declined as Secretary of War, 150; 
Attorney General, 166. 

Bayard, Thomas F., member of committee to provide for counting 
electoral vote, 211; member of Electoral Commission, 
212; President pro tempore of Senate, 243; Secretary of 
State, 249, 263. 

Beale, Edward F., present at inauguration of President Arthur, 
241. 

Beall, Mr., carries notice of death of President Harrison to Vice 
President Tyler, 128. 

Belknap, William W., Secretary of War, 190, 203, 204. 

Bell, John, Secretary of War, 123, 131; certifies death of President 
Harrison, 124; notifies "Vice President Tyler of death, 
128; votes for, as President, 164. 

Berrien, John M., Attorney General, 108. 

Bibb, George M., Secretary of Treasury, 131, 137. 

Bissell, Wilson S., Postmaster General, 270. 

Black, Jeremiah S., Secretary of State, 159, 165; Attorney Gen- 
eral, 160. 

Blaine, James G., Secretary of State, 235, 243, 263; votes for, as 
President, 248. 

Blair, Francis P., Jr., votes for, as Vice President, 188. 

Blair, Francis P., Sr., present at inauguration of President John- 
son, 175. 

Blair, Henry W., present at inauguration of President Arthur, 241. 

Blair, Montgomery, Postmaster General, 166; present at inaugura- 
tion of President Johnson, 175. 

Bliss, Cornelius N., present at inauguration of President Arthur, 
241; Secretary of Interior, 277. 

Bliss, D. W., signs announcement of death of President Garfield. 
237. 

Borie, Adolph E., Secretary of Navy, 191. 

Boutwell, George S., Secretary of Treasury, 189, 203. 

Boyle, John, Secretary of Navy ad interim, 109. 

Bradford, William, Attorney General, 52. 

Bradley, Joseph P., member of Electoral Commission, 212. 

Brady, John R., Administers oath to President Arthur, 240. 

Bramlette, Thomas E., votes for, as Vice President, 202. 

Branch, John, Secretary of Navy, 109. 

Breckenridge, John, Attorney General, 73. 

Breckinridge, John C, votes for, as Vice President, 158; Vice 
President, 159; votes for, as President, 164. 

Brent, Daniel, Secretary of State ad interim, 102. 

Brewster, Benjamin H., Attorney General, 244, 250. 

Bright, .Tesse D., President pro tempore of Senate, 155. 

Bristow, Benjamin H., Secretary of Treasury, 203; nominated 
Attorney General, 204. 

Brown, Aaron V., Postmaster General, 161. 

Brown, B. Gratz, votes for, as President, 202; votes for, as Vice 
President, 202. 

Browning, Orville H., Attorney General ad interim, 178; Secre- 
tary of Interior, 179. 

Bryan, William J., votes for, as President, 274, 280. 

Buchanan, James, Secretary of State, 137, 145; votes for, as Presi- 
dent, 158; President, 159. 



336 Index 

Burr, Aaron, votes for, as President or Vice President, 48, 56, 62; 

Vice President, 64. 
Butler, Benjamin F., Secretary of War ad interim, 114, 119; 

Attorney General, 114, 119. 
Butler, W. O., votes for, as Vice President, 144. 

Cabinet, opinion of, as to oath of President Washington on re- 
election, 48. 

Cabinets: of Washington, 9, 51; John Adams, 57; Jefferson, 64, 
73; Madison, 77, 83; Monroe, 89, 95; J. Q. Adams, 102; 
Jackson, 107, 113; Van Buren, 119; W. H. Harrison, 123; 
Tyler, 130; Polk, 137; Taylor, 145; Fillmore, 150; Pierce, 
155; Buchanan, 159; Lincoln, 165, 171; Johnson, 177; 
Grant, 189, 203; Hayes, 221; Garfield, 235; Arthur, 243; 
Cleveland, 249; Benjamin Harrison, 263; Cleveland, 269; 
McKinley, 275, 281; Roosevelt, 287. 

Cabot, George, appointed and declined Secretary of Navy, 58. 

Calhoun, John C, Secretary of War, 89, 95; Secretary of Navy ad 
interim, 90; votes for, as Vice President, 100, 106; Vice 
President, 102, 107; his resignation as Vice President, 
109; Secretary of State, 130, 137. 

Cameron, James D., Secretary of War, 204, 221. 

Cameron, Simon, Secretary of War, 166. 

Campbell, George W., Secretary of Treasury, 83. 

Campbell, James, Postmaster General, 156, 160. 

Carey, Mr. and Mrs., present when President Roosevelt took oath, 
285. 

Carlisle, John G., Secretary of Treasury, 269, 275. 

Carroll, Charles, on Senate Committee to prepare answer to Presi- 
dent Washington's speech, 17. 

Carroll, William Thomas, certifies death of President Harrison, 
124. 

Cass, Lewis, Secretary of War, 108, 114; votes for, as President, 
144; President pro tempore of Senate, 155; Secretary of 
State, 159. 

Chambers, John, certifies death of President Harrison, 124. 

Chandler, William E., Secretary of Navy, 245, 250. 

Chandler, Zachariah, Secretary of Interior, 206, 223. 

Chase, Salmon P., Secretary of Treasury, 165; administers oath 
to President Johnson, 175. 

Clay, Henry, votes for, as President, 100, 112, 136; votes for, as 
Vice President, 100; Secretary of State, 102. 

Clayton, John M., Secretary of State, 145, 150; notifies Vice 
President Fillmore of death of President Taylor, 148; Fill- 
more's reply to, 148. 

Cleveland, Grover, votes for, as President, 248, 272, 268; Presi- 
dent, 249, 269. 

Clifford, Nathan, Attorney General, 138; President of Electoral 
Cocimission, 212. 

Clinton, De Witt, votes for, as President, 82. 

Clinton, George, votes for, as President or Vice President, 8, 48, 
56; votes for, as Vice President, 72, 76; Vice President, 
73, 77; votes for, as President, 76. 

Cobb, Howell, Secretary of the Treasury, 159. 

Colfax, Schuyler, votes for, as Vice President, 188; Vice Presi- 
dent, 189. 



Index 337 



Collamer, Jacob, Postmaster General, 146, 151; notifies Vice Presi- 
dent Fillmore of death of President Taylor, 148; Fill- 
more's reply to, 148. 
Colman, Norman J., Secretary of Agriculture, 251, 265. 
Colquitt, Alfred H., votes for, as Vice President, 202. 
Conant, Charles F., Secretary of Treasury ad interim, 203. 
Conkling, Roscoe, member of Committee to provide for counting 

electoral vote, 211. 
Conrad, Charles M., Secretary of State ad interim, 150; Secretary 

of AVar, 151, 155. 
Constitution, date of adoption and ratification of, 4. 
When to go into effect, 5. 
Article II. The Executive, 1. 

President and Vice President to hold office for four years, 1. 
How to be elected, 1. 
Who are eligible,2. 
Vacancy provided for, 2. 
Compensation, 2. 
President's oath of office, 3. 
His duties, 3. 
His powers, 3. 
Further duties, 3. 
How removed from office, 4. 
Article VI. Oath to be taken by officers, 4. 
Article XII. Election of President and Vice President. To 

be voted for separately, 68. 
Article XIV. Rights of citizens, 184. 
Article XV. Rights not to be abridged, 193. 
Text of, in full, 306. 
Coon, Charles E., Secretary of Treasury ad interim, 243. 
Cooper, Samuel, Secretary of War ad interim, 155, 160. 
Cortelyou, George B., present when President Roosevelt took oath, 

285. 
Corwin, Thomas, Secretary of Treasury, 150, 155. 
Coupland, David O., certifies death of President Harrison, 124. 
Cowen, Benjamin R., Secretary of Interior ad, interim, 245. 
Cox, Jacob D., Secretary of Interior, 191. 

Cranch, William, administers oath to President Tyler, 129; ad- 
ministers oath to President Fillmore, 149. 
Crawford, George W., Secretary of War, 145, 150; notifies Vice 
President Fillmore of death of President Taylor, 148; 
Fillmore's reply to, 148. 
Crawford, William H., President pro tempore of Senate, 77; Secre- 
tary of Treasury, 84, 89, 95; Secretary of War, 84; votes 
for, as President, 100; votes for, in House of Represen- 
tatives, 101. 
Creswell, John A. J., Postmaster General, 190, 205. 
Crittenden, John J., Attorney General, 123, 132, 151, 156; certifies 
death of President Harrison, 124; notifies Vice President 
Tyler of death, 128. 
Crowninshield, Benjamin W., Secretary of Navy, 85, 90. 
Crowninshield, Jacob, appointed and declined Secretary of Navy, 

66. 
Gushing, Caleb, nominated and rejected as Secretary of Treasury, 

131; Attorney General, 156, 160. 
Gushing, William, to administer oath to President, 49. 



338 Index 

"Dallas, Alexander J., Secretary of Treasury, 83; Secretary of 

War ad interim, 84. 
Dallas, George M., votes for, as Vice President, 136; Vice Presi- 
dent, 137. 
Daniel, Peter V., commissioned and declined Attorney General, 

114. 
Davis, David, votes for, as President, 202; President pro tewupore 

of Senate, 243. 
Davis, Jefferson, Secretary of War, 155. 
Dawes, Henry L., present at inauguration of President Arthur, 

241. 
Day, William R., Secretary of State, 275. 
Dayton, William L., votes for, as Vice President, 158. 
Dearborn, Henry, Secretary of War, 64, 73; Secretary of Navy 

ad interim, 65; nominated Secretary of War, 84. 
Death of President Harrison, those present at, 124. 
Official announcement of, 125. 
Notification to Vice President Tyler, 128. 
Of President Taylor, notification of, to Vice President Fill- 
more, 148. 
Of President Lincoln, notification of, to Vice President John- 
son, 174. 
Of President Garfield, announcement of, 236. 
Notification to Vice President Arthur, 240. 
Of President McKinley, 284. 

Notification of, to Vice President Roosevelt, 284. 
Proclamation of, 285. 
Declaration of Independence, 290. 
Delano, Columbus, Secretary of Interior, 191, 205. 
Dennison, William, Postmaster General, 166, 171, 178; notifies 
Vice President Johnson of death of President Lincoln, 
174. 
Departments, vacancies in heads of, who may act and for how 

long. (See vacancy.) 
Depew, Chauncey M., present when President Roosevelt took oath, 

285. 
Derrick, William S., Secretary of State ad interim, 130. 
Devens, Charles, Attorney General, 222, 235. 
Dexter, Samuel, Secretary of State pro hac vice, 57; Secretary of 

Treasury, 57, 64; Secretary of War, 58. 
Dickerson, Mahlon, Secretary of Navy, 115, 120. 
Dickins, Asbury, Secretary of Treasury, ad interim, 107. 
Dickinson, Don M., Postmaster General, 250, 264. 
Dix, John A., Secretary of Treasury, 160, 165. 
Dobbin, Jam^s C, Secretary of Navy, 156, 161. 
Donelson, Andrew J., votes for, as Vice President, 158. 
Douglas, Stephen A., votes for, as President, 164. 
Duane, William J., Secretary of Treasury, 113. 

Eaton, John H., Secretary of War, 108. 

Edmunds, George P., member of committee to provide for count- 
ing of electoral vote, 211; member of Electoral Commis- 
sion, 211; President j.ro tempore of Senate, 243. 
Election of President and Vice President, 

the Constitution, Article II., sees. 1 to 4, 1; 
act of March 1, 1792, 42; 



Index 339 



Election of President and Vice President, 
in House of Representatives, 62, 101; 
act of March 26, 1804, 66; 
the Constitution, Article XII., 68; 
act of January 23. 1845, 133; 
act of January 29, 1877, 212; 
act of February 3, 1887, 252; 
act of October 19, 1888, 258. 
Electoral Commission, origin and members of, 211; act providing 
for, 212; message of President Grant, accompanying the 
act, 218. 
Electors, how appointed, 1; when to be appointed, etc., 133, 199, 

223, 258; Revised Statutes concerning, 223 to 226. 
Blkins, Stephen B., Secretary of War, 264, 269. 
Ellmaker, Amos, votes for, as Vice President, 112. 
Ellsworth, Oliver, votes for, as President or Vice President, 56. 
Endicott, William C, Secretary of War, 249, 264. 
English, William H., votes for, as Vice President, 234. 
Brrett, Russell, present at inauguration of President Arthur, 241. 
Eustis, William, Secretary of War, 77. 
Evarts, William M., Attorney General, 178, 190; Secretary of 

State, 221, 235. 
Everett, Edward, Secretary of State, 150; votes for, as Vice 

President, 164. 
Ewing, Thomas, Secretary of Treasury, 123, 130; certifies death 
of President Harrison, 124; notifies Vice President Tyler 
of death, 128; Secretary of Interior, 146, 152; notifies 
Vice President Fillmore of death of President Taylor, 
148; Fillmore's reply to, 148. 
Ewing, Thomas, Sr., nominated Secretary of War, 177. 
Executive Department, vacancy in head of, who may act. (See 

vacancy.) 
Executive officers to be bound by oath or affirmation, 4. 
Executive power, where vested, 1; when it is suspended, 93. 

Fairchild, Charles S., Seeretary of Treasury, 249, 263. 

Farnsworth, General, present at inauguration of President John- 
son, 175. 

Faxon, William, Secretary of Navy ad interim, 191. 

Ferry, Thomas W., President pro tempore of Senate, 203. 

Fessenden, William P., Secretary of Treasury, 165. 

Field, James G., votes for, as Vice President, 268. 

Field, Stephen J., member of Electoral Commission, 212. 

Fillmore, Millard, votee for, as Vice President, 144; Vice Presi- 
dent, 145; notified of death of President Taylor, 148; his 
reply, 148; announces death to Senate and House of 
Representatives, 149; takes oath as President, 149; Presi- 
dent, 150; votes for, as President, 158. 

Fish, Hamilton, Secretary of State, 189, 203, 221. 

Floyd, John, votes for, as President, 112. 

Floyd, John B., Secretary of War, 160. 

Folger, Charles J., Secretary of Treasury, 243. 

Foot, Solomon, present at inauguration of President Johnson, 175. 

Foreign Affairs, act establishing Department of, 19. 

Forsyth, John, Secretary of State, 113, 119. 

Forward, Walter, Secretary of Treasury, 130. 



340 Index 

Foster, Charles, Secretary of Treasury, 263, 269. 

Foster, John W., Secretary of State, 263. 

Foster, Lafayette S., President pro tempore of Senate, 177. 

Francis, David R., Secretary of Interior, 271, 277. 

Frelinghuysen, Frederick T., member of committee to provide 
for counting electoral vote, 211; member of Electoral 
Commission, 212; Secretary of State, 243, 249. 

Frelinghuysen, Theodore, votes for, as Vice President, 136. 

Fremont, John C, votes for, as President, 158. 

French, Henry F., Secretary of Treasury ad interim, 235, 243. 

Frye, William P., President pro tempore of Senate, 275, 287. 

Gage, Lyman J., Secretary of Treasury, 275, 281, 287. 

Gaillard, John, President pro tempore of Senate, 83. 

Gallatin, Albert, Secretary of Treasury, 64, 73, 77, 83. 

Garfield, James A., member of Electoral Commission, 212; votes 
for, as President, 234; President, 235; his death, 236. 

Garland, Augustus H., present at inauguration of President 
Arthur, 241; Attorney General, 250, 264. 

Gary, James A., Postmaster General, 276. 

Gerry, Elbridge, votes for, as Vice President, 82; Vice President, 
83. 

Gilmer, Thomas W., Secretary of Navy, 133. 

Gilpin, Henry D., Attorney General, 119. 

Goddard, Daniel C, Secretary of Interior ad interim, 152. 

Goff, Nathan, Jr., Secretary of Navy, 222, 236. 

Goldsborough, Charles W., Secretary of Navy ad interim, 78. 

Graham, George, Secretary of War ad interim, 84, 89. 

Graham, John, Secretary of State ad interim, 89. 

Graham, William A., Secretary of Navy, 152; votes for, as Vice 
President, 154. 

Granger, Francis, votes for, as Vice President, 118; Postmaster 
General, 123, 132; certifies death of President Harrison, 
124; notifies Vice President Tyler of death, 128. 

Granger, Gideon, Postmaster General, 65, 73, 78, 85. 

Grant, Lewis A., Secretary of War ad interim, 264. 

Grant, Ulysses S., Secretary of War ad interim. 111; votes for, 
as President, 188, 202; President, 189, 203; sends nies- 
sage with Electoral Commission Act, 218; present at 
inauguration of President Arthur, 241. 

Greeley, Horace, votes for, as President, 202. 

Green, James S., nominated and rejected as Secretary of Treas- 
ury, 131. 

Gresham, Walter Q., Secretary of Treasury, 243; Postmaster Gen- 
eral, 245; Secretary of State, 269. 

Griggs, John W., Attorney General, 276, 281. 

Griswold, Roger, appointed and declined Secretary of War, 58. 

Groesbeck, William S., votes for, as Vice President, 202. 

Grundy, Felix, Attorney General, 119. 

Guthrie, James, Secretary of Treasury, 155, 159. 

Habersham, Joseph, Postmaster General, 52, 58, 65. 
Haight, Albert, present when President Roosevelt took oath, 285. 
Hale, Eugene, present at inauguration of President Arthur, 241. 
Hale, John P., present at inauguration of President Johnson, 175. 
Hall, Nathan K., Postmaster General, 151. 



Index 341 

Hamilton, Alexander, Secretary of Treasury, 9, 51; opinion as to 
qualification of President for second term, 49. 

Hamilton, Prank H., signs announcement of death of President 
Garfield, 237. 

Hamilton, James A., Secretary of State ad interim, 107. 

Hamilton, Paul, Secretary of Navy, 78. 

Hamlin, Hannibal, votes lor, as Vice President, 164; Vice Presi- 
dent, 165. 

Hancock, John, votes for, as President or Vice President, 8. 

Hancock, Winfield S., votes for, as President, 234. 

Harlan, James, nominated and confirmed Secretary of Interior, 
172; Secretary of Interior, 179. 

Harlan, John M., present at inauguration of President Arthur, 241. 

Harmon, Judson, Attorney General, 270, 276. 

Harper, Robert G., votes for, as Vice President, 88, 92. 

Harrington, George, Secretary of Treasury ad interim, 165, 171. 

Harris, Carey A., Secretary of War ad interim, 114. 

Harrison, Benjamin, votes for, as President, 262, 268; President, 
263. 

Harrison, R. H., votes for, as President or Vice President, 8. 

Harrison, William Henry, votes for, as President, 118, 122; Presi- 
dent, 123; his death, 124. 

Hartley, John F., Secretary of Treasury ad interim, 189. 

Hatton, Frank, Postmaster General ad interim,, 244, 245; Post- 
master General, 245, 250. 

Hawley, William, certifies death of President Harrison, 124. 

Hay, Charles, Secretary of Navy ad interim, 108. 

Hay, John, Secretary of State, 275, 281, 287; notifies Vice Presi- 
dent Roosevelt of President McKinley's death, 284. 

Hayes, Rutherford B., votes for, as President, 210; decision by 
Electoral Commission, 212; President, 221; present at 
Inauguration of President Arthur, 241. 

Hazel, John R., administers oath to President Roosevelt, 284. 

Hendricks, Thomas A., votes for, as President, 202; votes for, as 
Vice President, 210, 248; decision by Electoral Commis- 
sion, 212; Vice President, 249. 

Henry, John, votes for, as President or Vice President, 56. 

Henshaw, David, Secretary of Navy, 133. 

Herbert, Hilary A., Secretary of Navy, 270, 277. 

Hewitt, Abram S., member of committee to provide for counting 
electoral vote, 211. 

Hiscock, Frank, present at inauguration of President Arthur, 241. 

Hitchcock, Ethan A., Secretary of Interior, 277, 282, 288; present 
when President Roosevelt took oath, 285. 

Hoar, Ebenezer R., Attorney General, 190. 

Hoar, George F., member of committee to provide for counting 
electoral vote, 211; member of Electoral Commission, 212. 

Hobart, Garret A., votes for, as Vice President, 274; Vice Presi- 
dent, 275. 

Hobble, Selah R., Postmaster General ad interim, 123, 132, 146. 

Holt, Joseph, Secretary of War, 160, 165; Postmaster General, 
161; commissioned and declined as Attorney General, 166. 

Homans, Benjamin, Secretary of Navy, ad interim, 85. 

House of Representatives, election of President and Vice presi- 
dent in, 62, 101. 

Howard, John E., votes for, a^ Vice President, 88, 



342 Index 

Howe, Timothy 0., Postmaster General, 244. 

Hubbard, Samuel D., Postmaster General, 151, 156. 

Hunt, William H, Secretary of Navy, 236, 245; notifies Vice 

President Arthur of death of President Garfield, 240. 
Hunter, A., certifies death of President Harrison, 124. 
Hunter, William, Secretary of State, ad interim, 155, 159. 
Huntingdon, Samuel, votes for, as President or Vice President, 8. 
Hunton, Eppa, member of committee to provide for counting 

electoral vote, 211; member of Electoral Commission, 212. 

Ingalls, John J., President pro tempore of Senate, 249. 

Ingersoll, Jared, votes for, as Vice President, 82. 

Ingham, Samuel D., Secretary of Treasury, 107. 

Interior Department, act establishing, 139. 

Interior, Se3retary of, act providing for, 139; his term of office, 

179, 191; to act as President in certain cases, 252; 

vacancy. (See vacancy.) 
Interior, Secretaries of, 146, 152, 156, 161, 167, 172, 179, 191, 205, 

206, 223, 236, 245, 250, 251, 265, 271, 277, 282, 288. 
Iredell, James, votes for, as President or Vice President, 56. 

Jackson, Andrew, votes for, as President, 100, 106, 112; votes 
for, as Vice President, 100; votes for, in House of Repre- 
sentatives, 101; President, 107, 113. 

James, Thomas L., Postmaster General, 236, 244; notifies Vice 
President Arthur of death of President Garfield, 240. 

Jay, John, votes for, as President or Vice President, 8, 56, 62; 
Acting Secretary of State, 9. 

Jeffers, William, present when President Roosevelt too oath, 285. 

Jefferson, Thomas, Secretary of State, 9, 51; votes for, as Presi- 
dent or Vice President, 48, 56, 62; opinion as to qualifica- 
tion of President for second term, 49; Vice President, 57; 
election as President in House of Representatives, 62; 
President, 64, 73; votes for, as President, 72. 

Jenkins, Charles J., votes for, as President, 202. 

Jewell, Marshall, Postmaster General, 205. 

Johnson, Andrew, votes for, as Vice President, 170; Vice Presi- 
dent, 171; notified of death of President Lincoln, 174; 
takes oath as President, 174; his address, 175; text of his 
oath, 176; President, 177. 

Johnson, Cave, Postmaster General, 138, 146. 

Johnson, Herschel V., votes for, as Vice President, 164. 

Johnson, Reverdy, Secretary of War ad interim, 145; Attorney 
General, 146, 151; Fillmore's reply to notice of President 
Taylor's death, 148. 

Johnson, Richard M., votes for, as Vice President, 118, 122; Vice 
Presid-nt, 119. 

Johnson, William S., on Senate Committee to prepare answer to 
President's speech, 17. 

Johnston, Samuel, votes for, as President or Vice President, 56. 

Jones, Charles W., present at inauguration of President Arthur, 
241. 

Jones, John P., present at inauguration of President Arthur, 241. 

Jones, William, Secretary of Navy, 78, 85; Secretary of Treasury 
ad interim, 83. 

Joslyn, Merritt L., Secretary of Interior ad interim, 250. 



Index 343 



Journals of Congress; when new government to commence, 5. 
Julian, George W., votes for, as Vice President, 202. 
Justice, Department of, act establishing, 193, 237. 

Kelly, Moses, Secretary of Interior ad interiiu, 161, 167. 

Kendall, Amos, Postmaster General, 114, 120. 

Kennedy, John P., Secretary of Navy, 152, 156. 

Kernan, Francis, member of Electoral Commission, 212. 

Key, David M., Postmaster General, 222. 

King, Horatio, Postmaster General ad interim, 161; Postmaster 

General, 161, 166. 
King, Rufus, votes for, as Vice President, 72, 76; votes for, as 

President, 88. 
King, William R., President pro temiiore of Senate, 150; votes 

for, as Vice President, 154; Vice President, 155. 
Kirkwood, Samuel J., Secretary of Interior,- 236, 245; notifies Vice 

President Arthur of death of President Garfield, 240. 
Knox, Henry, Secretary of War, 9, 51; opinion as to qualification 

of President for second term, 49. 
Knox, Philander C, Attorney General, 281, 287. 

Lamar, Lucius Q. C, Secretary of Interior, 251. 

Lamont, Daniel S., Secretary of War, 270, 275. 

Lane, Joseph, votes for, as Vice President, 164. 

Langdon, John, votes for, as Vice President, 76. 

Lea, Albert M., Secretary of War ad interim, 131. 

Lee, Charles, Attorney General, 52, 58; Secretary of State ad 
interim, 57. 

Lee, Henry, votes for, as Vice President, 112. 

Lee, Richard Henry, reports to Senate for committee on recep- 
tion, etc., of President, 11. 

Legare, Hugh S., Secretary of State ad interim, 130; Attorney 
General, 132. 

Lincoln, Abraham, votes for, as President, 164, 170; President, 
165, 171; his death, 174. 

Lincoln, Benjamin, votes for, as President or Vice President, 8. 

Lincoln, Levi, Secretary of State ad interim, 64; Attorney Gen- 
eral, 65. 

Lincoln, Robert T., Secretary of War, 235, 244, 249. 

Livingston, Edward, Secretary of State, 107, 113. 

Loeb, William, Jr., present when President Roosevelt took oath, 
285. 

Logan, John A., member of committee to provide for counting 
electoral vote, 211; unable to serve, 211; votes for, as 
Vice President, 248. 

Long, John D., Secretary of Navy, 277, 282, 288; present when 
President Roosevelt took oath, 285. 

McClellan, George B., votes for, as President, 170. 

McClelland, Robert, Secretary of Interior, 156, 161. 

McCook, Anson G., present at inauguration of President Arthur, 
241. 

McCraiT, George W., member of committee to provide for count- 
ing electoral vote, 211; Secretary of War, 221. 

McCulloch, Hugh, Secretary of Treasury, 171, 177, 189, 244, 249; 
notifies Vice President Johnson of death of President 
Lincoln, 174. 

S. Doc. 196, 58-3—05 23 



344 Index 

McHenry, James, Secretary of War, 52, 58. 

McKenna;, JoseiJh, Attorney General, 276. 

McKennan, Thomas M. T., Secretary of Interior, 152. 

McKinley William, votes for, as President, 274, 280; President, 
275, 281; his death, 284; President Roosevelt's proclama- 
tion, 285. 

McLane, Louis, Secretary of Treasury, 107, 113; Secretary of 
State, 113. 

McLean, John, Postmaster General, 95, 103, 108; appointed and 
declined Secretary of War, 131. 

Mac Veagh, Wayne, Attorney General, 236, 244; notifies Vice Pres- 
ident Arthur of death of President Garfield, 240. 

Machen, Willis B., votes for, as Vice President, 202. 

Macon, Nathaniel, votes for, as Vice President, 100. 

Madison, James, Secretary of State, 64, 73; votes for, as Presi- 
dent, 76, 82; votes for, as Vice President, 76; President, 
77, 83. 

Mangum, Willie P., votes for, as President, 118; President ino 
tempore of Senate, 130. 

Mann, Matthew D., present when President Roosevelt took oath, 
285. 

Manning, Daniel, Secretary of Treasury, 249. 

Marcy, William L., Secretary of War, 137, 145; Secretary of 
State, 155, 159. 

Marshall, James W., Postmaster General, 205. 

Marshall, John, Secretary of State, 57; declines Secretary of War, 
58; Secretary of State ad interim. 64; votes for, as Vice 
President, 88; opinion when President should take oath 
when March 4 falls upon Sunday, 93. 

Martin, J. L., Secretary of State acl interirii, 123. 

Mason, James M., President pro tempore of Senate, 155. 

Mason, John Y., Secretary of Navy, 133, 138, 146; Attorney Gen- 
eral, 138. 

Matthews, Stanley, present at inauguration of President Arthur, 
241. 

Maynard, Horace, Postmaster General, 222, 236. 

Meigs, Return J., Jr., Postmaster General, 85, 90, 95. 

Meredith, William M., Secretary of Treasury, 145, 150; notifies 
Vice President Fillmore of death of President Taylor, 
148; Fillmore's reply, 148. 

Message of President Grant accompanying act of January 29, 1877 
218. 

Milburn, John G. (Mr. and Mrs.), present when President Roose- 
velt took oath, 285. 

Miller, Samuel F., member of Electoral Commission, 212. 

Miller, Thomas, certifies death of President Harrison, 124. 

Miller, William H. H., Attorney General, 264, 270. 

Milton, John, votes for, as President or Vice President, 8. 

Monroe, James, votes for, as Vice President, 76; Secretary of 
State, 77, 83; Secretary of War ad interim, 77, 84; Secre- 
tary of War, 84; votes for, as President, 88, 92; Presi- 
dent, 89, 95; announcement of votes for, as President, 93; 
counting electoral vote for, in 1821, 93. 

Moody, William H., Secretary of Navy, 288.' 

Morgan, Edwin D., nominated and declined Secretary of Treas- 
ury, 165; confirmed and declined Secretary of Treasury, 



Index 345 



Morrill, Lot M., Secretary of Treasury. 203, 221. 

Morton, Julius Sterling, Secretary of Agriculture, 271, 277. 

Morton, Levi P., votes for, as Vice President, 262; Vice President, 

263. 
Morton, Oliver P., member of committee to provide for counting 

electoral vote, 211; member of Electoral Commission, 212. 
Muldrow, Henry L., Secretai-y of Interior ad interim, 251. 

Navy Department, act establishing, 59, 238. 

Navy, Secretary of, act providing for, 59; his term of office, 179, 
191; '.o act as President in certain cases, 252; vacancy. 
(See vacancy.) 

Navy, Secretaries of, 58, 65, 73, 78, 85, 90, 96, 103, 108, 109, 115, 
120 124 132, 133, 138, 146, 151, 152, 156, 161, 167, 171, 
178, 191, 205, 222, 236, 245,- 250, 264, 270, 277, 282, 288. 

Nelson, John, Secretary of State ad interim, 130; Attorney Gen- 
eral, 132, 137. 

Nettleton, Allured B., Secretary of Treasury ad interim, 263. 

Niles, John M., Postmaster General, 120. 

Noble, John W., Secretary of Interior, 265, 271. 

Oath of Office, form of, for President, 3; time, place, and manner 
of administering to Washington, 10, 11; ceremony of 
administering, to Washington, 11; opinion of cabinet as 
to, on reelection, 1793, 48; opinion of Chief Justice Mar- 
shall as to when it should be taken when March 4 falls 
on Sunday, 93; of President Tyler, the circumstances, 
128; of President Fillmore, the circumstances, 149; of 
President Johnson, the circumstances, 174; of President 
Arthur, the circumstances, 240; of President Roosevelt, 
the circumstances, 284. 

Oath of office, to be taken by all officers of the United States, 4, 
18; form of, 18, 246; of Postmaster General, 96, 199, 206; 
Revised Statutes concerning, 229, 230. 

OIney, Richard, Secretary of State, 269, 275; Attorney General, 
270. 

Osgood, Samuel, Postmaster General, 9. 

Otto, William T., Secretary of Interior ad interiin, 191. 

Palmer, John M., votes for, as Vice President, 202. 

Parke, Roswell, present Avhen President Roosevelt took oath, 285. 

Parsons, Theophilus, confirmed and declined Attorney General, 58. 

Paterson, William, on Senate committee to prepare answer to 
President's speech, 17. 

Paulding, James K., Secretary of Navy, 120. 

Payne, Henry B., member of committee to provide for counting- 
electoral vote, 211; member of Electoral Commission, 212. 

Payne, Henry C, Postmaster General, 287. 

Pearce, James A., confirmed and declined Secretary of Interior, 
152. 

Pendleton, George H., votes for, as Vice President, 170. 

Phillips, Samuel P., Attorney General ad interivi, 244. 

Pickering, Timothy, Postmaster General, 9, 52; Secretary of War, 
51; Secretary of 'State, 51, 57. 

Pierce, Franklin, votes for, as President, 154; President, 155. 

Plerrepont, Edwards, Attorney General, 204. 



346 Index 

Pinckney, Charles C, votes for, as President or Vice President, 
56. 62; votes for, as President, 72, 76. 

Pinckney, Thomas, votes for, as President or Vice President, 56. 

Pinkney, William, Attorney General, 78, 85. 

Poinsett, Joel R., Secretary of War, 119. 

Polk, James K., votes for, as Vice President, 122; votes for, as 
President, 136; President, 137. 

Porter, James M., Secretary of War, 132. 

Porter, Peter B., Secretary of War, 102. 

Post Office, Act temporarily establishing, 26, 29; act establishing, 
30; act establishing, as a Department, 199, 236. 

Postmaster General, his term of ofRce, 60, 78, 179, 191, 199; oath 
of, 96, 206; to act as President in certain cases, 251; 
vacancy. (See vacancy.) 

Postmasters General, 9, 52, 58-, 65, 73, 78, 85, 90, 95, 103, 108, 114, 
120, 123, 132, 138, 146, 151, 156, 160, 161, 166, 171, 178, 190, 
205, 222, 236, 244, 245, 250, 264, 270, 276, 282, 287. 

President, term of, 1; how to be elected, 1; who are eligible, 2; 
vacancy provided for, 2; compensation, 2; oath of of 
office, 3; his duties, 3; his powers, 3; further duties, 3; 
how removed from office, 4; his title, 17; when his term' 
begins, 27, 227; cabinet opinion as to taking oath on his 
reelection,' 1793, 48; election of, in House of Represen- 
tatives, 62, 101. 

Presidents, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119, 123, 
130, 137, 145, 150, 155, 159, 165, 171, 177, 189, 203, 221, 235, 
243, 249, 263, 269, 275, 281, 287. 

Presidents 2}ro tern/pore of Senate, 77, 83, 107, 130, 150, 155, 177, 
203, 243, 249, 275, 287. 

President and Vice President, votes for, 8, 48, 56, 62, 72, 76, 82, 
88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158, 164, 170, 
188, 202, 210, 234, 248, 262, 2G8, 274, 280; act providing 
for election of, who to act when both vacant, 42; supple- 
mental act for election of, 66; election of. Article II. of 
the Constitution, 1; election of. Article XII. of the Con- 
stitution, 68; counting electoral vote for, in 1821, 93; 
election of, in House of Representatives, 62, 101; time 
when electors to be appointed, 133, 199; act providing for 
counting votes for, in 1877, 212; Revised Statutes con- 
cerning election of, 223 to 226; when their terms begin, 
227; act providing for election of, 252, 258. 

Preston, William Ballard, Secretary of Navy, 146, 151; notifies 
Vice President Fillmore of death of President Taylor, 
148; Fillmore's reply to, 148. 

Proctor, Redfield, Secretary of War, 264. 

Ramsey, Alexander, present at inauguration of President John- 
son, L75; Secretary of War, 221, 235; Secretary of Navy 
ad interim, 222. 

Randall, Alexander W., Postmaster General, 178. 

Randolph, Edmund, Attorney General, 9, 52; opinion as to qualifi- 
cation of President for second term, 49; Secretary of 
State, 51. 

Randolph, Philip G., Secretary of War ad interim, 108. 

Ransom, Matt. W., member of committee to provide for counting 
electoral vote, 211. 



Index 347 



Rawlins, John A., Secretary of War, 190. 

Reid, Whitelaw, votes for, as Vice President, 268. 

Removal from office of President and Vice President and all civil 

officers of the United States, 4. 
Revised Statutes of the United States: 
Sees. 131 to 135,-223. 
Sees. 136 to 141,-224. 
Sees. 141 to 147,-22.5. 
Sees. 147 to 1.51,-226. 
Sees. 152, 177, and 179 to 182,-227. 
Sees. 199, 214, 233, 346, 347, 388, and 391,-228. 
Sees. 415, 437 and 1756,-229. 
Sees. 1757, 1758, 1759 and 1767,-230. 
Sees. 1768 and 1769,-231. 
Sees. 1770, 1771, 1772, and 5520,-232. 
Reynolds, John M., Secretary of Interior acl interim, 271. 
Richards, John K., Attorney General ad interim, 276, 281. 
Richardson, William A., Secretary of Treasury, 203. 
Robeson, George M., Secretary of Navy, 191, 205, 222; Secretary 

of War acl interim. 204. 
Rodgers, John, Secretary of Navy acl interim, 96. 
Rodnej^ Caesar A., Attorney General, 73, 78. 
Rodney, Daniel, Azotes for, as Vice President, 92. 
Roosevelt, Theodore, votes for, as Vice President, 280; Vice Presi- 
dent, 281; notified of President McKinley's death, 284; 
his oath as President, and remarks, 284; his proclama- 
tion, 285; President, 287. 
Root, Elihu, Secretary of War, 276, 281, 287; requests Vice Presi- 
dent Roosevelt to take oath as President, 284; present 
when oath taken, 285. 
Ross, James, votes for, as Vice President, 88. 

Rush, Richard, Attorney General, 85, 90; Secretary of State acl 
interim, 89; votes for, as Vice President, 92, 106; Secre- 
tary of Treasury, 102. 
Rusk, Jeremiah M., -Secretary of Agriculture, 265, 271. 
Rutledge, John, votes for, as President or Vice President, 8. 

Sanford, Nathan, votes for, as Vice President, 3 00. 

Sawyer, George P., present when President Roosevelt took oath, 
285. 

Sawyer, J. D., present when President Roosevelt took oath, 285. 

Seatherd, John N., present when President Roosevelt took oath, 
285. 

Seatherd, R. T., present when President Roosevelt took oath, 285. 

Schofield, John M., Secretary of War, 178, 189. 

Schurz, Carl, Secretary of Interior, 223, 236. 

Scott, Winfield, Secretary of War a6, interim., 150; votes for, as 
Presiljnt, 154. 

Seaton, W. W., certifies death of President Harrison, 124. 

Senate Journal, April 25, 27, 28, 1789, when, where, and how oath 
to be idministei-ed to President, 10; April 30, 1789, cere- 
monies at inauguration of President Washington, 11; 
May 14, 1789, title to be annexed to the President, 17; 
May 14, 1790, term of the President, when it began, 27. 

Sergeant, John, votes for, as Vice President, 112. 

Sewall, Arthur, votes for, as Vice President, 274. 



348 Index 

Seward, William H.. Secretary of State, 165, 171, 177, 189; at- 
tempt to assassinate, 174. 

Seymour, Horatio, votes for, as President, 188 .^ ^ , ^, 

Sharpe, George H., present at inauguration of President Arthur, 
' 241. 

Shaw, Leslie M.. Secretary of Treasury, 287. 

Shelby Isaac, appointed and declined Secretary of War, 89. 

Sherman, John, Secretary of Treasury, 221; present at inaugura- 
tion of President Arthur, 241; president pro tempore of 
Senate, 249; Secretary of State, 275. 

Sherman, William T., Secretary of War, 190; present at inaugura- 
tion of President Arthur, 241. 

Simms Jolm D., Secretary of Navy ad interim, 124, 132. 

Skinner, St. John B. L., Postmaster General acl interim, 190. 

Smith, Caleb B., Secretary of Interior, 1G7. 

Smith, Charles Emory, Postmaster General, 276, 282, 287; present 
when President Roosevelt took oath, 285. 

Smith, Hoke, Secretary of Interior, 271. 

Smith, John, Secretary of War ad interim., 73, 77. 

Smith, Robert, commissioned Attorney General, 65; Secretary of 
Navy, 65, 73, 78; Secretary of State, 77. 

Smith, Samuel, in charge of Navy Department, 65. 

Smith, William, (of Alabama) votes for, as Vice President, 118. 

Smith, William, (of South Carolina) votes for, as Vice Presi- 
dent, 106. 

Solicitor General, to act as Attorney General, when a vacancy, 
193, 22S. 

Southard, Samuel L., Secretary of Navy, 96, 103; Secretary of 
Treasury ad interim, 102; Secretary of War ad interim, 
102; President pro tempore of Senate, 130. 

Speed, James, Attorney General, IGC, 171, 178; notifies Vice Presi- 
dent Johnson of death of President Lincoln, 174. 

Spencer, John C, Secretary of Treasury, 131; Secretary of War, 
131. 

Sprague, Carleton, (Mr. and Mrs.) present when President Roose- 
velt took oath, 285. 

Springer, William M., member of committee to provide for count- 
ing electoral vote, 211. 

Stanbery, Henry, Attorney General, 178; nominated and rejected 
as Attorney General, 178. 

Stanton, Edwin M.. Attorney General, 100, 166; Secretary of War, 
166, 171, 177; notifies Vice President Johnson of death of 
President Lincoln, 174. 

State Department, act establishing, 24, 237. 

State, Secretary of, act providing for, 24, wlio may act, and how 
long, 46, 52; his term of office, 179, 192; to act as Presi- 
dent in certain cases, 251. Vacancy (see Vacancy). 
State, Secretaries of, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 
119, 123, 130, 137, 145, 150, 155, 159, 165, 171, 177, 189, 203, 
221, 235, 243, 249, 263, 269, 275, 281, 287. 
Stevenson, Adlai E., votes for, as Vice President, 268, 280; Vice 

President, 269. 
Stewart, Alexander T., confirmed and declined Secretary of Treas- 
ury, 189. 
Stockton, Charles G., present when President Roosevelt took oath, 
285. 



Index 319 



Stockton, Lucius H., nominated Secretary of War, 58. 

Stoclvton, Richard, votes for, as Vice President, 92. 

Stoddert, Benjamin, Seci-etary of Navy, 59; Secretary of War ad 

interim, 58, 65. 
Strong, William, member of Electoral Commission, 212. 
Stuart, Alexander H. H., Secretary of Interior, 152, 156. 
Stuart, Charles E., President pro tempore of Senate, 155. 

Taft, Alplionso, Secretary of War, 204; Attorney General, 204, 222. 
Taney, Roger B., Secretary of War act interim. 108; Attorney 

General, 108, 114; Secretary of Treasury, 113. 
Taylor, Zachary, votes for, as President, 144; President, 145; his 

death, 148. 
Tazewell, L. W., votes for, as Vice President, 122. 
Telfair, Edward, votes for, as President or Vice President, 8. 
Teller, Henry M., Secretary of Interior, 245. 
Tenure of civil offices, act of March 2, 1867, 179; amended, act of 

April 5, 1869, 191; Revised Statutes concerning, 230, 231, 

232; repeal of act, 257. 
Term of President and Vice President, 1; when it began, 27; of 

Postmaster General, 60, 78, 179, 191; of Secretaries of 

State, of Treasury, of Navy, of Interior, 179, 191. 
Thomas, Lorenzo, designated Secretary of War ad interim, 177. 
Thomas, Philip F., Secretary of Treasury, 159. 
Thompson, Jacob, Secretary of Interior, 161. 
Thompson, Richard W., Secretary of Navy, 222. 
Thompson, Smith, Secretary of Navy, 90, 96. 
Thurman, Allen G., member of committee to provide for counting 

electoral vote, 211; mefnber of Electoral Commission, 

212; unable to attend, 212; votes for, as Vice President, 

262. 
Tilden, Samuel J., votes for, as President, 210; decision of Elec- 
toral Commission, 212. 
Title of the President, 17. 

Tod, David, nominated and declined Secretary of Treasury, 165. 
Todd, C. S., certifies death of President Harrison, 124. 
Tompkins, Daniel D., votes for, as Vice President, 88, 92; Vice 

President, 89, 95; announcement of votes for, as Vice 

President, 93. 
Toucey, Isaac, Attorney General, 138, 145; Secretary of Treasury 

ml interim., 159; Secretary of Navy, 161, 167. 
Townsend, (Representative), present at inauguration of President 

Arthur, 241. 
Tracy, Benjamin F., Secretary of Navy, 264, 270. 
Treasury Department, act establishing, 21, 228. 
Treasury, Secretary of, act providing for, 21; his term of office, 

179, 191; to act as President in certain cases, 251; 

vacancy. (See vacancy.) 
Treasury, Secretaries of, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 

113, 119, 123, 130, 131, 137, 145, 150, 155, 159, 160, 165, 171, 

177, 189, 203, 221, 235, 243, 244, 249, 263, 269, 275, 281, 287. 
Tyler, John, votes for, as Vice President, 118, 122; Vice President, 

123; advised of death of President Harrison, 128; reaches 

Washington and takes oath as Pi'esident, 128; President, 

130. 
Tyner, James N., Postmaster General, 205, 222. 



350 , Index 

Ulil, Edwin F., Secretary of State ad interim, 269. 
Upshur, Abel P., Secretary of State, 130; Secretary of Navy, 133. 
Usher, John P., Secretary of Interior, 167, 172, 179; notifies Vice 
President Johnson of death of President Lincoln, 174. 

Vacancy in head of State, Treasury, or War Department, who may 
act 46, 52; in head of Post Office Department, who may 
act 'iO, 79, 96, 115, 191, 199, 270; in head of any Execu- 
tive Department, who may act, 167, 180, 183, 191, 227, 265; 
in head of Departm.ent of Justice, who may act, 193; in 
head of War Department, 206, 246; in Presidency, who to 
act, 2, 42, 66, 251. 

Van Buren, Martin, votes for, as Vice President, 100, 112; Secre- 
tary of State, 107; Vice President, 113^ votes for, as 
President, 118, 122; President, 119. 

Vice President, election of (see Election), his term, 1, 227; how 
to be elected, 1; his duties, 2; vacancy, 2; how removed 
from office, 4. 

Vice Presidents, 9, 51, 57, 64, 73, 77, 83, 89, 95, 102, 107, 113, 119. 
123, 137, 145, 155, 159, 165, 171, 189, 203, 221, 235, 249, 263, 

269, 275, 281. 

Vice President and President, votes for, 8, 48, 56, 62, 72, 76, 82, 
88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158, 164, 170, 
188, 202, 210, 234, 248, 262, 268, 274, 280. 

Vilas, William F., Postmaster General, 250; Secretary of Interior, 
251, 265. 

Votes for President and Vice President, 8, 48, 56, 62, 72, 76, 82, 
88, 92, 100, 106, 112, 118, 122, 136, 144, 154, 158. 164, 170. 
188, 202, 210, 234, 248, 262, 268, 27.4, 280; counting of, in 
1821, 93; in House of Representatives, 62, 101; counting 
of, in 1877, 211, 212; Revised Statutes concerning, 223 
to 226. 

Wade, Benjamin F., President pro tempore of Senate, 177. 
Waite, Morrison R., administers oath to President Arthur, 241. 
Walker, Robert J., Secretary of Treasury, 137, 145. 
Wanamaker, John, Postmaster General, 264, 270. 
War Department, act establishing, 20, 237; Chief Clerk may sign 

requisitions, 206. 
War, Secretary of, act providing for, 20; his term of office, 179, 

191; to act as President in certain cases, 251; vacancy. 

(See vacancy.) 
War, Secretaries of, 9, 51, 58, 64, 73, 77, 84, 89, 95, 102, 108, 

114, 119, 123, 131, 132, 137, 145, 150, 151, 155, 160, 165, 166, 

171, 177, 178, 189, 190, 203, 204, 221, 235, 244, 249, 264, 269, 

270, 275, 276, 281, 287. 

Warrington, Lewis, Secretary of Navy ad interim. 133, 151. 

Washburne, Elihu B., Secretary of State, 189. 

Washington, George, votes for, as President or Vice President, 

8, 48, 56; President, 9, 51; takes oath as President, 11; 

delivers inaugural address, 12; asks opinion of cabinet 

as to time, place, and manner of qualification as President 

for second term, 48. 
Watson, Thomas E., votes for, as Vice President, 274. 
Weaver, James B., votes for, as President, 268. 



Index 351 



Webster, Daniel, votes for, as President, IIS; Secretary of State, 
123, 130, 150; certifies deatli of President Harrison, 124; 
notifies Vice President Tyler of death, 12S. 

Webster, Fletcher, certifies death of President Harrison, 124; 
carries notice of death to Vice President Tyler, 128. 

Welles, Gideon, Secretary of Navy, 1C7, 171, 178; notifies Vice 
President Johnson of death of President Lincoln, 174. 

Wharton, William F., Secretary of State ad interim, 263, 269. 

Wheeler, William A., votes for, as Vice President, 210; decision 
by Electoral Commission, 212; Vice President, 221. 

White, Hngh Lawson, President pro tempore of Senate, 107; votes 
for, as President, 11 S. 

Whitney, William C, Secretary of Navy, 250, 264. 

Wickliffe, Charles A., Postmaster General, 132, 138. 

Wilcox, Ansley, (Mr. & Mrs.) present when President Roosevelt 
took oath, 285. 

Wilcox, (Miss) present when President Roosevelt took oath, 285. 

Wilkins, William, votes for, as Vice President, 112; Secretary of 
War, 132, 137. 

Willard, George, member of comnaittee to provide for connting 
electoral vote, 211. 

Williams, George H., Attorney General, 190, 204. 

Wilson, Henry, votes for, as Vice President, 202; Vice President, 
203. 

Wilson, James, Secretary of Agriculture, 277, 282, 288; present 
when President Roosevelt took oath, 285. 

Wilson, William L., Postmaster General, 270, 276. 

Windom, William, Secretary of Treasury, 235, 243, 263; notifies 
Vice President Arthur of death of President Garfield, 240. 

Wirt, William, Attorney General, 90, 95, 103; votes for, as Presi- 
dent, 112. 

Wolcott, Oliver, Jr., Secretary of Treasury, 51, 57. 

Woodbury, Levi, Secretary of Navy, 109, 115; Secretary of Treas- 
ury, 113, 119. 

Yates, Richard, present at inauguration of President Johnson, 175. 
Young, McClintock, Secretary of Treasury ad interim, 113, 123, 
130, 131, 145. 



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